ASHOK SARDANA Vs. DROPADI DEVI

JUDGEMENT

(1.) Plaintiff and defendants No.2 to 4 are brothers and sisters whereas Smt. Dropadi Devi (defendant No.1) was their mother who had died during the pendency of the suit.

(2.) Plaintiff (the elder son of Dropadi Devi) filed the suit for partition seeking partition of (i) House No.B-39, Nizamuddin West, New Delhi (in short, called "Nizamuddin Property"), (ii) House No.A-82, New Friends Colony, New Delhi (in short, called "New Friends Colony Property") and (iii) Agricultural lands at Hisar (Haryana).

(3.) It is averred in the plaint that the father of the plaintiff and defendants No.2 to 4, namely, Dr. R.N.Sardana was a doctor by profession and a specialist in Venereal diseases. He migrated from Karachi, Pakistan at the time of partition leaving behind his ancestral properties. After migration, he joined the then Municipal Committee as a Medical Officer. He also carried out a lucrative and busy private practice. Dr. Sardana was allotted agricultural lands in Vill. Nangal, Distt. Hisar, Haryana and a 200 Sq. Yards plot at B-39, West Nizamuddin, New Delhi, in lieu of properties left behind in Pakistan. Dr. Sardana constructed a residential house on the land with his own funds. During his lifetime, he purchased large number of shares in various companies and held fixed deposits in companies as well as banks. Some of the shares and fixed deposits were held by him individually in his own name and some were held jointly with his children. Dr. Sardana died on 2 nd November, 1965. At the time of his death, the family was living in Nizamuddin property and the same was also let out to three tenants.