NAVAL KAPOOR Vs. HARSH KAPOOR AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 22.12.2012 rendered by the District Judge, Chamba in Civil Appeal No. 18 of 2011.

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellant-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit seeking partition of the half share of the suit property.

(3.) The defendants filed written statement-cumcounter claim. They have taken preliminary objections to the effect that the plaintiff has no locus standi to file the suit and the suit is bad for non-joinder of the necessary parties. They have denied the ownership of the plaintiff and have claimed absolute ownership over the disputed property. The defendants have pleaded that the disputed property has been transferred in favour of defendant No.1 (since deceased) and predecessor of defendant Nos. 2 to 4, namely, Arun Kumar Kapoor vide consent decree passed by the Hon'ble High Court of Judicature, at Bombay on 23.4.1954. The disputed property was transferred in favour of Arun Kumar Kapoor and Manohar Lal Kapoor, subject to the proviso that late Sh. Durga Das Kapoor, grand-father of Arun Kumar Kapoor and Manohar Lal Kapoor, Lala Hem Raj Kapoor, father of Arun Kumar Kapoor and Manohar Lal Kapoor and Lala Gaur Kishore Kapoor, son of Lala Durga Das Kapoor and father of plaintiff, could redeem the mortgage on or before 30.9.1954 by payment of mortgage debt and interest thereon.