Satya Prakash Singh vs Dinesh Prakash Singh And Others on 13 August, 2010
In the context of the present
Satya Prakash vs Prem Prakash Singh
13
suit, the partition of the properties of late Sh. Magan Singh would have
been possible only when late Sh. Magan Singh and plaintiff no.1 being
his son and defendant being his son were the coowners of the immovable
properties including the suit property. The inherent defect in this plea
taken by the defendant is that there is no documentary evidence filed and
proved on record to show that the suit flat and the property in possession
of the plaintiffs at Mansarovar Park were coowned by plaintiff no.1,
defendant and late Sh. Magan Singh. The facts and circumstances of the
case clearly show that suit flat was owned by late Sh. Magan Singh.
Further there is no evidence on record that suit flat is part of the joint
family property in which late Sh. Magan Singh, plaintiff no.1 Sh. Satya
Prakash and Sh. Prem Prakash were coparceners. Therefore, it cannot
be held that plaintiffs have no cause of action on the ground taken by the
defendant in the WS that there was a partition of properties of late Sh.
Magan Singh and suit flat fell to the share of defendant. The issue no.2
is, therefore, decided in favour of the plaintiffs and against the defendant.
ISSUE NO.3 :