NIRMAL SETHI Vs. DEEP CHAND ANAND

JUDGEMENT

(1.) BY this order I propose to dispose of the above mentioned applications. The brief facts of the case are that the suit was filed by the five daughters of late Shri Dharam Chand Anand and late Smt. Chanan Kanta Anand namely, Smt. Nirmal Sethi, Smt. Promila Kumar, Smt. Urmil Sawhney, Smt. Ranjul Fazalbhoy and Smt. Manju Ahluwalia against their four brothers namely, Shri Deep Chand Anand, Shri Jagdish Chand Anand, Shri Kuldip Chand Anand, Shri Satish Chand Anand and one sister namely, Smt. Anju Khanna for partition and injunction, inter alia claiming their share to the extent of 1/10th in the intestate suit property left behind by their parents and also to restrain the defendants by a decree of permanent injunction from claiming more than share or from alienating/transferring/encumbering or parting with the possession and further with a request to direct defendant Nos. 1 to 4 to render a true and faithful account of all assets of late Smt. C.K. Anand and late Sh. S.K. Anand.

(2.) THE plaintiffs claim that late Smt. C.K. Anand was the owner and in possession of the following properties :

(3.) AFTER the death of Smt. C.K. Anand and Shri Dharam Chand Anand all the properties possessed and owned by them vested in the plaintiffs and defendants in equal 1/10th shares. However, defendant No. 1 tried to persuade the plaintiffs to relinquish their respective rights in the properties and even threatened to dispose of the properties. Therefore, the cause of action for filing the present suit arose in June 1990 when plaintiff No. 1 was having a general discussion at the dinner table at Kedar Cottage, Shimla where defendant No. 1 objected to her raising the issue of partition of suit property. When the suit along with the interim application was listed before the Court on 22nd August, 1990, the Court passed the status quo order dated 22nd August 1990. Relevant portion of the said order reads as under:-