MUNNA LAL Vs. SURAJ BHAN

JUDGEMENT

(1.) THESE appeals by special leave arise out of a suit filed by the 1st respondent, Suraj Bhan; for a declaration that he was the sole owner of certain houses and shops situated at Mouza Bikaner and at Rewari. The trial Court decreed the suit and that decree was affirmed in appeal by the High Court of Puniab and Haryana at Chandigarh.

(2.) THE score of the dispute is narrow and we will only refer to such of the facts as are relevant for the purposes of these appeals. One Bansidhar had four sons. Sukhan Lal, Munna Lal, Prabhu Dayal and Chhanga Mal. THE plaintiff' Suraj Bhan is the son of Sukhan Lal. Munna Lal is defendant 1 while his scans, Onkar Mal and Banarsi Dass are defendants 2 and 3 to the suit. Prabhu Dayal's son is defendant 4 and Chhanga Mal's sons are defendants 5 to 8. Shortly' the dispute is between the plaintiff on the one hand and his uncle and cousins on the other.

(3.) ON 1/04/1948 plaintiff and his uncle defendant 1 purchased two shops. The joint family was already possessed of houses situated at Mouza Bikaner and Rewari as also of some ornaments. The ornaments were partitioned between the plaintiff and defendant 1 under a document. Ex.'Z', dated 14/08/1948. The houses were partitioned under a document Ex. 'X' dated Dec., 3, 1949. We are not concerned in these appeals with the partition of houses and the ornaments. ON 15/02/1950, the two shops were partitioned as mentioned in a document Ex. 'Y'. Disputes arose between the parties as regards the right to the shops which led to proceedings under Sections 107 and 145 of the Code of Criminal Procedure A portion of the property was under the order of a Magistrate put under lock and key. In 1959 the parties referred their disputes to arbitration but eventually the award was set aside on the ground that defendant 1. Munna Lal had not signed the reference. The suit out of which these appeals arise was filed by the 1st respondent on 20/12/1960 for a declaration that he is the owner of the properties which were allotted to his share in the partitions.