SAROJ SALKAN Vs. HUMA SINGH

JUDGEMENT

(1.) Appellant/ original plaintiff vide present appeal seeks to set-aside the Impugned Judgment and Decree dtd. 5/5/2016[Hereinafter referred as "Impugned Judgment"] whereby the learned Single Judge, exercising powers under Order XII rule 6 of the Code of Civil Procedure, 19082[Hereinafter referred as "Code"] passed a decree dismissing the suit of appellant as per Sec. 2(2), of the Code with respect to all the five ancestral properties detailed hereinafter, save and except, granting liberty to appellant, being a daughter of late Gen. Budh Singh,[Hereinafter referred as "late General"] owner of the Barota, Sonepat land, for approaching the competent court qua one of said the property situated beyond jurisdiction of this Court and also held the suit being barred by the Benami Transactions (Prohibition) Act, 1988, as admitted and/ or undisputed position of the pleadings and documents did not show existence of HUF and its properties.

(2.) Parties herein are lineal descendants of late General as appellant and respondent no. 6/ original defendant no. 6 are his daughters whereas respondent nos. 1 to 5/ original defendant nos. 1 to 5 are the legal heirs of late Mr. Anup Singh, son of late General and brother of appellant and respondent no. 6.

(3.) Appellant herein instituted a Suit for Partition, Rendition of Accounts and Permanent Injunction" against the aforesaid respondents claiming partition of her 1/4th undivided share in the ancestral properties of the late General HUF as she is a coparcener therein under The Hindu Succession Act, 1956 (as amended in 2005)[Hereinafter referred as "Succession Act"] and alternatively sought partition of her share in the following five ancestral properties of the late General being (a) 72 acres farmhouse in Barota land, Sonepat;[Hereinafter referred as "Barota land"] (b) 11 acres Kalupur land, Sonepat;[Hereinafter referred as "Kalupur land"] (c) 8 bigha Dairy plot, Sonepat[Hereinafter referred as "Dairy plot"]; (d) 30 acres Bhatgaon land;[Hereinafter referred as "Bhatgaon land"] and (e) House no. C-38, Anand Niketan, New Delhi,[Hereinafter referred as "New Delhi house"] acquired out of the funds of the joint family barring the Anand Niketan property, which was said to have been purchased from the sale of Barota Land.