DEWAN IZZAT RAI Vs. DEWAN IQBAL NATH NANDA

JUDGEMENT

(1.) This is a reference by a learned Single Judge siting on the Original Side to determine a pure question of law which has arisen in the suit and pertains to the jurisdiction of this court to entertain the suit' in respect of a part of the property involved which is situate in the State of Jammu and Kashmir.

(2.) Dewan Dhan Pat Rai was possessed of considerable properties both moveable and immoveable. Some of the immoveable properties are situate in the State of Jammu and Kashmir. It is said that some of the moveable assets comprised of gold and silver jewellery etc. are also lying in the ancestral home of the parties which is situate in Jammu and Kashmir. Other immoveable properties are situate in Delhi and Jullundur. There are bank deposits and shares etc. which are also subject-matter of the suit. Dewan Dhan Pat Rai died in January, 1971. The plaintiff, Dewan lzzat Rai Nanda, and defendants 1, 2 and 3, respectively Dewan lqbal Nath Nanda, Dewan Prithvi Raj Nanda and Dewan Jaswant Rai Nanda, are the sons 'of Dewan Dhan Pat Rai. Defendant No. 4, Sirit. Kanta Dewan, is the widow of late Dewan Suraj Prakash Nanda, a pre-deceased son of Dewan Dhan Pat Rai. Defendants 5 and 6 are minor daughters of defedant No. 4. Defedant No. 7 is the minor married daughter of Dewan Suraj Prakash. Defedant' No. 8 is the married daughter of Dewan Dhan Pat Rai, a sister of the plaintiff and defendants 1 to 3. Defendants 9, 10 and II are the legal representaitves. of Smt. Suraj Kanta, another daughter of Dewan Dhan Pat Rai who is dead.

(3.) Dewan lzzat Rai Nanda, plaintiff, has filed a suit in this court for partition of joint Hindu family properties left by Dewan Dhan Pat Rai and for accounts. According to the plaintiff Dewan Dhan Pat Rai and his sons constituted a joint Hindu family which family owned considerable. property, both moveable and immoveable and were being managed by Dewan Dhan Pat Rai as the Karta. It is alleged that after the death of Dewan Dhan Pat Rai, Dewan lqbal Nath Nanda, a resident of Jammu and Kashmir, has been managing the joint Hindu family properties and assets- Accounts are sought by the plaintiff against Dewan lqbal Nath Nanda, defendant No. 1.