LAWS(DLH)-2001-7-28

UMA AGGARWAL Vs. RAJESH GUPTA

Decided On July 16, 2001
UMA AGGARWAL Appellant
V/S
SH.RAJESH GUPTA Respondents

JUDGEMENT

(1.) Mohan Lal is the common ancestor of the plaintiffs and defendants 1 to 3. He was the husband of defendant no.4. During his life time he is alleged to have done well in life and acquired many properties besides inheriting from his father Gopi Nath Gupta. Mohan Lal died intestate in 1975. Plaintiffs who are the daughters of the deceased Mohan lal have filed the present suit for a partition and rendition of accounts.

(2.) It is alleged that after the death of Mohan Lal the parties to the suit inherited the Property of the deceased. Each .of them is entitled to 1/7th share in the assets of Mohan Lal. Mohan Lal la s La Led to have left the following properties and assets: (1) M/s Gopi. Nath Pvt. Ltd. (ii) M/s Gopinath Mohan Lal Pvt. Ltd. (11.1) M/s Shree Mohan Lal & Company (iv) Plot of 10,000 sq. yds of land with partially constructed at 19/92 Saral Rohilla, Old Rohtak Road Delhi (v) Plot of Land measuring measuring 4850 sq yds. with Construction thereupon and under the tenancy of M/s Karori Mat Engineering Works, 16/1 Najafgarh Road, Delhi (vi)Property at Haridwar known and stayed Mohan Kutir , Niranjan Garden, Harldwar. (vii) Eighteen godown In, different parts of UP, details of which are not fully known to the plaintiffs and the defendants have Full knowledge of the same.

(3.) After.the death of Mohan Lal, the defendants had started handling his business. Defendants 1 and 2 had taken over the,entire properties and business in their hand. Defendants 5 to 9 are pleaded to be private limited companies but in fact it has been pointed that they are family concerns. M/s Gopi Nath Pvt. Ltd was floated by the deceased,grand father, of the plaintiffs (Gopi Nath Gupta), while the other business in different names .came into beiny by the acts of the deceased father of the plaintiffs. Plaintiffs have not been paid any amount after the demise of Mohan Lal Gupta and since the rights of the plaintiffs have been challenged, the present suit referred to above had been filed.