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JUDGMENT
V.S. Aggarwal, J.
1. Master Aditya Murgai through his mother as the guardian and next friend has filed
a civil suit for partition and injunction against Ashok Murgai, defendant. Ashok
Murgai is the father of the plaintiff. The plaintiff prays for partition of the suit
property bearing No. 16, Rajdoot Marg, Chanakyapuri, New Delhi by metes and
bounds and to restrain the defendant from transferring, alienating or parting with
possession of the said property (for short the suit premises).
2 . It has been pleaded that Sh. Thakur Dass, the great grandfather of the plaintiff
constituted a Joint Hindu Family with his four sons. The said Joint Hindu Family apart
from cash and other movable assets owned considerable agricultural land in the State
of Rajasthan and Punjab. Sh. Thahkur Dass died in the year 1936 leaving behind his
widow and four sons. The agricultural land and the houses in Punjab were sold and
there was a partition amongst the sons and legal heirs of Thakur Dass. The sale
proceeds and other assets of the joint Hindu Family were partitioned amongst the
brothers including the grand father of the plaintiff. The plaintiffs grand father, Shri
B.R. Murgai on severance, partition and division of the property constituted a Joint
Hindu Family comprising of his four sons, one of which is the defendant. Shri B.R.