RAM BABOO JAIN Vs. VIPIN KUMAR JAIN

JUDGEMENT

(1.) THIS is an application filed by the plaintiffs under Order XII Rule 6 CPC, seeking judgment on admissions. The necessary facts to be noticed for disposal of the application are that the parties to the present suit i.e. plaintiffs no.1 to 3 and defendant no.1 are brothers and defendants no.4 to 6 are the sisters. The parties are children of late Sh.Ratan Lal Jain and Smt.Shanti Devi Jain.

(2.) ADMITTEDLY , Sh.Ratan Lal Jain was the owner of a flat No.C -4/31 situated at Rajasthali Apartments, Madhuban Chowk, Pitampura, Delhi. The conveyance deed dated 19.12.2000 stands in the name of Sh.Ratan Lal Jain, who died on 8.12.2003, leaving behind a duly executed Will dated 3.6.2002. The wife of Sh.Ratan Lal Jain (Smt.Shanti Devi Jain) also died on 10.5.2011. The subject matter of the present suit is the aforesaid flat.

(3.) COUNSEL for the plaintiffs submits that in view of the fact that the contesting parties do not dispute the Will dated 3.6.2002, a preliminary decree is liable to be passed, declaring the share of three plaintiffs and defendant no.1 as 1/4th share.