MADAN LAL DECEASED LEGAL HEIRS Vs. RAM PARSHAD

JUDGEMENT

(1.) This appeal is against the judgement and decree passed on 18.1.1982 by learned Single Judge of this Court dismissing the suit of plaintiff/appellants by which they had sought partition of immovable properties bearing No. 61-62,1-Block, Lajpat Nagar-I, New Delhi and No. J-77, Srinivaspuri, New Delhi and for rendition of accounts in respect of the rents realised by defendant/respondent No. 1.

(2.) The facts relevant for decision of the present appeal in brief are that Madan Lal, Manohar Lal and Krishan Gopal-plaintiffs 1, 2 and 3 and Ram Parshad-defendant/respondent No. 1 are sons of Munshi Ram. Som Raj was another son of Munshi Ram who expired in the year 1975.On 16.11.1977 the plaintiffs filed a suit claiming partition of the suit property alleging that Ram Parshad, defendant and Madan Lal, plaintiff before partition of the country were in service at Lahore (now in Pakistan) and upon migration came to Delhi in 1947. Plaintiffs Nos. 2 and 3 with their mother and brother Som Raj also came to Delhi. All brothers started living together at Delhi Plaintiffs and defendant No. 1 constituted a Joint Hindu Family. Whatever was earned by the plaintiffs was given to the defendant being the Karta of the said Joint Hindu Family. Mother died in the year 1973 and brother Som Raj also died in 1975.

(3.) It was alleged that after partition of the country, in order to rehabilitate refugees, who had come from Pakistan, houses in large scale were constructed by Government of India. The same were allotted to refugees on monthly rent. Criteria for allotment was that if family consisted of 5 members, they were entitled to allotment of one quarter and in case family members exceeded 5, entitlement was, for two quarters. In the case of Plaintiffs and defendant No. 1, the family members being more than 5 and defendant being Karta of the Joint Hindu Family, applied for allotment of refugee accommodation and consequently, quarters Nos. 61-62,1-Block, Lajpat Nagar-I were allotted to them at a monthly rental of Rs. 36.00 with stipulation that the ownership rights would be conferred on expiry of 12 years subject to payment of costs of the suit property, on instalment basis. The said property was thus allotted in the beginning of 1952 to the plaintiffs defendant No. 1, their deceased mother and deceased brother for a total cost of Rs. 6,960.00 and they shifted to the said property on 15.11.1952. In 1958 a sum of Rs. 5,500.00 was payable, being the balance instalment of the total cost of the said property and Rs. 1,000.00 towards arrears of rent.In order to save liability of 4.5% yearly interest being charged by Government of India, claim of one Smt. Lali Bai, to the extent of Rs. 6,140.00 was associated at half value for purchasing the property. It was thus alleged that the suit property was purchased with the aid of joint income Joint Hindu Family, but the lease deed was executed by President of India only in the name of Ram Parshad, being the elder .brother and head of the family in Delhi. Had the father of the plaintiffs and defendant been in Delhi, the suit property would have been allotted in his name, being Head of the family. But the father was residing in Himachal Pradesh, therefore, the suit property could not be allotted in his name, as Karta of the family.