I.P.A. No.6/2016 and I.A. Nos.5680-82/2016

Valmiki J. Mehta, J.—Petitioner/plaintiff has filed this suit as an indigent person. I may mention that the aspect of paupership of the petitioner/plaintiff is being accepted by me only and since in my opinion no legal cause of action is pleaded in the plaint and therefore, I allow the petitioner to sue as a pauper and the petition is converted into a suit.

2. This suit for partition is filed by the plaintiff/Sh. Jitesh Kumar Yadav. Plaintiff/Sh. Jitesh Kumar Yadav is the son of defendant no.1/Sh. Satpal Yadav. Plaintiff claims partition of the suit property on the ground that the suit property is ancestral property as the defendant no.1 inherited the same from his mother Smt. Omwati.

3. The suit property is described in para 1 of the plaint and the aspect of Smt. Omwati, mother of the defendant no.1, inheriting the suit property from her father Sh. Bhagwana and the defendant no.1 inheriting the property on the death of Smt. Omwati are stated in paras 1 to 5 of the suit plaint and which paras read as under:-

“1. That the Plaintiff is filing the present Suit for Partition, Possession, Declaration and Permanent Injunction against