KEWAL KRISHAN MAYOR Vs. KAILASH CHAND MAYOR

JUDGEMENT

(1.) These two first appeals arise out of the judgment and decree passed on 27/5/1976 by learned Single Judge of this Court partly decreeing the suit of plaintiff. RFA (OS) 31/76 is by the plaintiff Dr.Kewal Krishan Mayor and RFA (OS) 37/76 is by defendant No.1 Kailash Chand Mayor. Bal Mukand Mayor s/o Dina Nath had three sons

(2.) and two daughters, namely, Brahm Dutt, Dr.Kewal Krishan (plaintiff) and Kailash Chand (defendant No.1), (sons); Brahm Wati and Raj Kumari (defendants 2 and 3), (daughters). Lal Devi wife of Bal Mukand died on 9/11/1965. His eldest son Brahm Dutt also expired on 14/6/1969. Brahm Dutt is survived by his widow Smt. Prakash Mayor and two children, namely, Anil and Neelam (defendants 4 to 6). Bal Mukand died on 27/6/1973.

(3.) On 30/11/1973 Dr.Kewal Krishan (hereinafter referred to as the plaintiff) filed a suit claiming a decree for partition of the property left by Shri Bal Mukand. Kailash Chand Mayor was impleaded as defendant No.1. Brahm Wati and Raj Kumari were impleaded as defendants 2 and 3 and the heirs of Brahm Dutt were impleaded as defendants 4 to 6. It was alleged that Bal Mukand constituted a joint Hindu family with the plaintiff and defendant No.1. In his life time Bal Mukand made a declaration on affidavit dated 4/3/1963 and on that day threw his property 8/10 and 8/11, Western Extension Area, Karol Bagh, New Delhi into the common hotch potch of his Hindu undivided family comprising himself and his two sons. Bal Mukand was also assessed in income tax and wealth tax as head of Hindu undivided family owning the aforesaid property.