JIWAN DASS Vs. BHOLA NATH

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 23.04.2005 which had endorsed the finding of the Trial Judge in the judgment dated 29.05.1986 whereby the two suits filed by the Plaintiff Jiwan Dass seeking permanent injunction, partition, rendition of accounts and possession had been dismissed. The Plaintiff had filed two suits, the first suit was for permanent injunction, partition and rendition of accounts; the second suit was for possession. Both suits had been consolidated. Vide judgment and decree dated 29.5.1986 they were dismissed which judgment was endorsed vide judgment dated 23.04.2005.

(2.) The Plaintiff Jiwan Dass and the Defendant Bhola Nath were two brothers and sons of Rangi Lal. Rangi Lal was having a house at Gali Mahavir, Teliwara, Delhi. Allegation was that he sold that house and in lieu of the earnest money which he had received, he purchased house House No. 6144 to 6146, Kucha Shiv Mandir, Gali Batashan, Khari Baoli, Delhi. This property was purchased and registered in the name of his wife Tara Devi. Contention of the Plaintiff was that the earlier property, i.e. the house at Teliwara was an ancestral house and since the present property, i.e. the property at Kucha Shiv Mandir, Gali Batashan, Khari Baoli, Delhi had been purchased out of the sale proceeds of the sale of the ancestral house at Teliwara, the subsequent property was also ancestral property and not self acquired property. Tara Devi died on 20.07.1977. Case of the Plaintiff was that both the Plaintiff and the Defendant, i.e. Jiwan Dass and Bhola Nath had become equally entitled to equal shares in the suit property.

(3.) The Defendant contested the suit. Submission was that suit property in the name of Tara Devi was herself acquired property from the earnings which she had made from the business of papad badi. Further, Tara Devi had bequeathed the suit property in favour of the Defendant, i.e. her son Bhola Nath in terms of her will dated 8.12.1973.