GANENDER PAL SINGH Vs. MEHTAB SINGH

JUDGEMENT

(1.) In so far as the preliminary issue directed to be heard by this Court's order dated 16th March, 1999 is concerned whether a son can file a suit for partition of HUF property during the life-time of his father, the learned Counsel for the plaintiff has relied upon a judgment of the Hon^ble Division Bench of Court which is reported as Nanak Chand & Ors. v. Chander Kishore & Ors., AIR 1982 Delhi 520 wherein it has been held as follows:

(2.) The aforesaid decision of the Division Bench of this Court binds this Court. Mr. Sun, the learned Counsel, appearing on behalf of defendants 1 & 3-5 very fairly states that this preliminary issue is covered by the aforesaid judgment of the Hon'ble Division Bench of this Court.

(3.) In this view of the matter, this preliminary issue is decided in favour of the plaintiff to the effect that in view of the aforesaid judgment of the Division Bench of this Court in Nanak Chand & Ors. v. Chander Kishore & Ors. (supra), the suit for partition of HUF property by a son in his father's life-time is maintainable. List this matter on 7.3.2000. IA 8625/98 in S. No. 374/93 On the request of the learned Counsel for the defendants, the matter is adjourned to 7.3.2000. Matter to be listed on 7.3.2000.