SHRI HARISH KUMAR BHATEJA Vs. SHRI BHAGWAN DASS

JUDGEMENT

(1.) THIS is a suit for partition of property No.H-10, Kirti Nagar, New Delhi. The case of the plaintiff is that the aforesaid property was owned by an HUF of which he is a member, along with his father, brother, uncles and cousins. The case of the plaintiff is that the sale consideration for the aforesaid property was paid from the funds of the HUF, though the Title Deed was executed in the sole name of his grandfather. The HUF, according to the plaintiff, was headed by his grandfather late Sh. Kesho Dass. In the lifetime of Sh. Kesho Dass, defendant No.11 Baldev Raj filed a civil suit being 607/1973 seeking a declaration that the aforesaid property which had been acquired in the name of late Sh. Kesho Dass was an HUF property. Vide judgment and decree dated 18th November 1974 Sh. Ravi Kumar, then Civil Judge, Delhi passed a decree for declaration declaring the aforesaid property as HUF property. The plaintiff, who claims to be a member of the aforesaid HUF, is seeking 1/18th share in the aforesaid property. IA 7014/2008 has been filed seeking injunction against sale, transfer, assignment and parting with possession of the suit property during pendency of the suit.

(2.) THE suit has been contested by defendants No.1 to

(3.) AT this stage, there is no material on record on the basis of which it can be said that the documents filed by defendants No.13 and 14 are forged documents. It was contended by the learned counsel for defendants No.1 to 10 that the copies of the judgment and decree sheet filed by the plaintiff are different from the copies filed by defendants No.13 and 14. I have compared the photocopies filed by the plaintiff with the certified copies filed by defendants No.13 and 14 and I have not been able to notice any discrepancy in the two sets of copies. Prima facie, these documents appear to be genuine certified copies of the judgment and decree dated 18th November 1974, passed by Sh. Ravi Kumar, then Sub-Judge 1st Class, Delhi. If the suit property is an HUF property in terms of the aforesaid judgment and decree, obviously late Sh. Kesho Dass had no right to bequeath whole of it to his daughter-in-law and he could have bequeathed only his share in the aforesaid property.