JUGAL KISHORE KHANNA(D) Vs. SUDHIR KHANNA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present appeals is to the common Judgment and Order dtd. 6/12/2013 (hereinafter referred to as the "Impugned Judgment") 2013:DHC:6299 / 2013 SCC OnLine Del 4916 passed by a learned Single Judge of the High Court of Delhi (hereinafter referred to as the "High Court"), wherein the appeal filed by the respondent no.1 in respect of the Kamla Nagar property (Defined infra), i.e., RFA No.439 of 2008, has been allowed and the appeal filed by the appellants in respect of the Malcha Marg property (Defined infra), i.e., RFA No.483 of 2008, has been dismissed.

(3.) The parties are common descendants of Late Shri Tek Chand Khanna (hereinafter referred to as "TCK"), who had two sons, Shri Roop Kishore Khanna (hereinafter referred to as "RKK") and Shri Attar Chand Khanna (hereinafter referred to as "ACK"). The appellants are descendants of RKK whereas the respondents are the successors of ACK. In the year 1941, RKK purchased a piece of land admeasuring 344 square yards and bearing No.15-D, Kamla Nagar, Delhi - 110007 (hereinafter referred to as the "Kamla Nagar property") in the name of his father TCK and a residential house was constructed thereupon in 1950. Another property admeasuring 375 square yards bearing No.D-56, Malcha Marg, Chanakyapuri, New Delhi - 110021 (hereinafter referred to as the "Malcha Marg property") was also acquired by RKK and constructed by the family in the name of Smt. Shyama Khanna, wife of ACK. The claim of the appellants is that the purchase and construction of the Malcha Marg property was out of the funds provided by RKK and the income of the family generated from Regal Cinema Business. RKK died in the year 1978 and after that ACK claimed share in the Kamla Nagar property claiming it to be joint family property. The appellants claim that in 1979, in terms of an oral settlement between the parties a sum of Rs.55,000.00 (Rupees Fifty-Five Thousand) was paid through cheques by the LRs of RKK in favour of ACK for the purchase of the share of ACK in the Kamla Nagar property. In 1983, upon ACK having expired, his LRs filed two suits. One claiming partition of the properties at Shimla and another claiming partition of the Kamla Nagar property. The Trial Court by order dtd. 28/7/2008 dismissed the suit of the Respondent No.1 with regard to the claim over the Kamla Nagar property. However, insofar as the Malcha Marg property is concerned, the Trial Court decided the issue of the suit being bad on account of partial partition against the appellants, on the ground that circumstances given by the appellants are not sufficient to prove that the Malcha Marg property was purchased out of joint family funds. The Respondent No.1 challenged the Trial Court order, so far as the same pertained to the Kamla Nagar property, by filing RFA No.439 of 2008 before the High Court whereas the appellants challenged the decision of the Trial Court pertaining to the Malcha Marg property by preferring RFA No.483 of 2008.