POONAM CHHABRA Vs. MADAN MOHAN HASIJA

JUDGEMENT

(1.) THIS is a suit for partition, rendition of accounts and injunction. The plaintiff is the sister of the defendant, both of them being the children of late Shri Ram Lal Hasija and late Smt. Shanta Rani Hasija. It is alleged in the plaint that the ground floor of residential property bearing No.2/45, Geeta Colony, was purchased by the parents of the parties in the name of their father late Shri Ram Lal Hasija. The ground floor of property No.2/46, Geeta Colony, was purchased by them in the name of her mother late Smt. Shanta Rani Hasija. Property No.2/45 was occupied by the parents of the parties, whereas property No.2/46 was occupied by the defendant and his family. It is further alleged that Shop No.150 at Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi, was also purchased by late Shri Ram Lal Hasija in his own name, where he was carrying business of whole sale and retail of Pan, Bidi, Cigarrette, etc. under the name and style of M/s. Ram Pan Store. It is also alleged that the parents of the parties had jewellery weighing 55-60, tolas besides balance in the bank, and had also given about Rs.10 lakhs on interest. It is also claimed that the defendant has refused to give any share in the properties of the parents to the plaintiff and has also failed to render accounts of the income received by him from the business of the father. The plaintiff has sought partition of the property No.2/45, Geeta Colony, and Shop No.150, at Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi. She has also sought rendition of accounts in respect of the business being carried in Shop No.150, at Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi. The plaintiff has further sought an injunction restraining the defendant from creating any third party interest in the aforesaid property and from carrying any business in Shop No.150, at Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi.

(2.) THE defendant filed written statement contesting the suit. He took preliminary objection that the suit property is owned exclusively by him having been purchased from his own earnings. It was also alleged that the business in the shop was being carried by the defendant since he was 11 years old.

(3.) SINCE the defendant has chosen to remain absent from the Court despite filing written statement, the deposition of the plaintiff remains unchallenged and I see no reason to disbelieve her statement on oath. Consequently, I hold that late Shri Ram Lal Hasija, father of the parties, was owner of House No.2/45, Geeta Colony and shop No.150, Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi, and being one of the two children, the plaintiff has half share in the aforesaid properties. The plaintiff is also entitled to half share in the jewellery left by her mother late Smt. Shanta Rani Hasija. The plaintiff would be entitled to 50% of the share of his father in the assets of the partnership firm which the defendant was running along with his father late Shri Ram Lal Hasija. She is also entitled to 25% of the profit earned by the defendant from the business being run by him in Shop No.150, Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi.