LAWS(DLH)-2010-7-199

HAR KISHAN GUPTA Vs. PANNA LAL GIRDHARI LAL

Decided On July 14, 2010
HAR KISHAN GUPTA Appellant
V/S
PANNA LAL GIRDHARI LAL Respondents

JUDGEMENT

(1.) In the suit, a decree for declaration that property No.2152-2157, Kucha Mir Bikhari, Turkman Gate, Delhi (to the extent of 1608 sq. mtrs. and hereafter called "the suit property") of which the plaintiff claims undivided interest is not a subject matter of any tenancy rights of the first defendant (hereafter called "the company") and that the suit property is liable to be partitioned in accordance with the decree in a previous proceedings, i.e. Suit No.235/1976. A declaration that the suit property is a vacant property is also sought.

(2.) The suit alleges about the existence of a Hindu Undivided Family (HUF) of Panna Lal whose heir and successor was Girdhar Lal (the latter having died in 1935). The plaintiff contends that Girdhar Lal had five sons, i.e. Babu Ram, Bal Krishan Das, Banwari Lal, Murari Lal and Devi Charan. The plaintiff and defendant Nos.2, 5, 6 & 10 are the sons of Bal Krishan Das; defendant Nos. 7 & 8 are the children of a pre-deceased son of Banwari Lal, i.e. G.K. Gupta. It is a matter of record that the plaintiff died in the year 2000 and his legal representatives have been brought on record; likewise the tenth defendant died in 2003 and his legal representatives have been brought on record; the second Defendant, Brij Kishan Gupta died in 1998 and his legal representatives are also on the record. The defendant No. 9 is the widow of Late Bal Krishan Das and defendant nos.11 & 12 are allegedly executors of the Will of Bal Krishan Das.

(3.) The plaintiff contends that Girdhar Lal, his grandfather died in 1935 and was survived by his five sons including Bal Krishan Das. The family was joint, and carried on business and held property under the style "M/s Panna Lal Girdhar Lal". On 20.05.1940, one of the sons of Girdhar Lal, i.e. Murari Lal sought partition of the joint family properties, which led to division of the joint family business on 11.7.1941. It is alleged that after such partial partition, the five brothers and sons of Girdhar Lal, entered into partnership through a deed registered on 11.07.1941, i.e. M/s Panna Lal Girdhar Lal (hereafter called "PLGL"). The plaintiff also says that each of the five brothers acting as partners in PLGL represented their respective HUFs. It is further contended that on 31.12.1956, the said five brothers, i.e. sons of Girdhar Lal disrupted the joint family in its entirety and partitioned its assets amongst them. This led to disputes and a reference to arbitration by Shri Sheo Prasad Bansal who rendered his Award on 23.05.1957, which was made rule of the Court. Thus, the larger HUF of Girdhar Lal did not survive. The plaintiff submits that not only was judicial sanction to partition granted, but that it was also recognized by Income Tax and Wealth Tax authorities who passed assessment orders. One of the assets of the larger HUF was the land and factory building, i.e. 2152/57, Kucha Mir Bhikhari, Turkman Gate, Delhi measuring approximately 3800 sq. mtrs., which fell to the share of the father of the parties to the dispute, i.e. Bal Krishan Das and his brother Banwari Lal in equal undivided shares as the Karta of their respective HUFs. The suit also alleges that similarly, 20% interest in PLGL held by Bal Krishan Das became the property of Bal Krishan Das HUF.