Suresh Kumar vs Veena 46 Wps/1504/2005 Lok Nath Yadav ... on 5 October, 2018
2. Joint Written Statement was filed on behalf of the
defendant No. 1 to 3. Defendant No. 1 to 3 have pleaded that
plaintiff has no cause of action to maintain the present suit and has
suppressed the material facts from the court. During lifetime of the
father of the parties, late Sh. Tejpal, an oral family settlement was
arrived at in the family and as per the oral family settlement,
plaintiff Sh. Suresh Kumar received a sum of Rs. 40,000/- in lieu of
his share in the suit property. Thereafter, remaining co-
owners/legal heirs partitioned the suit property as per their
respective shares with mutual consent. The defendants with their
mutual consent demolished the old house constructed as it was in
dilapidated condition and started constructing the new house on
their respective shares. It is stated that the plaintiff has wrongly
claimed demolishing old constructed house and raising new
construction on the suit property. In fact, the plaintiff handed over
the peaceful and vacant possession of the suit property to other
L.Rs/defendants while acting on the earlier family settlement
arrived at between the parties in the presence of the deceased
father. Plaintiff has no right, title or interest in the suit property and
Civil Suit No. 8533/16 Suresh Kumar vs. Ramesh Kumar & Ors. 5/29
is not in possession of the suit property since the family settlement
was arrived at between the parties. The defendants have denied
and disputed the other contents of the plaint. It is stated that the
plaintiff has concocted fictitious story to defeat the lawful rights of
the answering defendants.