NANAK CHAND Vs. CHANDER KISHORE

JUDGEMENT

(1.) This appeal and cross-objections are directed against the judgment of the learned single Judge, of December 15, 1976, in a suit for partition of joint Hindu family properties and for rendition of accounts filed by the sons against their father.

(2.) In order to understand the genesis of the case, let us commence with the geneology : MOOL CHAND Radha Kishan Banarsi Das (died on 19-10-1949) Nanak Chand (Adopted on 29-3-1927 at the age of 12 years) (defendant (1) appellant) Raj Rani (wife) Bimla Devi (wife) (died on 14-9-1949) (married on 1-7-52) (defendant 5 appellant). Chander Ravinder Ramesh Santosh Usha Shashi Kishore Kishore Kumar (Deft-2 Rani Prabha (planti- (pltf- (Pltf respt) (Deft-3 (deft-4 ff-res- respt.) respt.) (un- respt) respt) pondent) married) (un- (married) married) Yogesh Kumar Tarun Kumar (Deft-6- (Deft-7- appellant) appellant The plaintiffs, the sons of Nanak Chand, appellant, born of Raj Rani, served a notice (Ex. D1/10), on him on 17-5-1963 intimating that they have been living separately and that he had not given them their share of the properties and income therefrom and has evaded partition of the properties by mates and bounds. They demanded accounts of all the properties, rent, income and partition within aweek. The plaintiffs then filed a suit on 27-8-1963 in the court of the Sub-Judge for permanent injunction restraining the defendant Nanak Chand from transferring the properties and shares and from acting on their behalf and from interfering with the peaceful enjoyment of the property. The suit was dismissed on 29-9-1966 but the defendant was restrained from alienating the share of Rakesh Kumar. Thereafter on 23-7-1969 the present suit was filed. The learned single Judge held that the joint status shall be deemed to have disrupted on 17-5-1963. It was on the basis of this date that he proceeded to record his findings as to the properties which stood as joint in May, 1963.

(3.) The properties involved are as follows: Immoveable: 1. Houses: Houses bearing Municipal Numbers 2494. 3893. 3894 and 3895. (a) House No. 3893 was sold on 7-3-1975 for Rs. 25,000 in order to pay the marriage expenses of defendant No. 4,Shashi Prabha. The sale price was paid to the plaintiffs and defendant No. 4 on the orders of Kapur J. It was held that the defendant was liable to account for rental income up to the date of the sale. (b) House No. 3894 was sold in the year 1964 upon permission of the Sub-Judge for Rs. 9,000. The defendant was held liable to account for the sale proceeds of Rs. 9000. (c) House No. 3895 was sold in the year 1958 for Rs. 7000. The learned Judge held that it was sold for the benefit of the family. (d) House No. 2494 is available as a joint property. 2. Plots of land: (a) One plot in Shalimar Garden, being No. 673 measuring 355 sq. yds. It was held that it was a self-acquired property of the defendant Nanak Chand. (b) One plot in Mehrauli was also held to be a self-acquired property of the defendant Nanak Chand. (a) Shares standing in the name of the parties held to be jo int property: 1. Amrit Banaspati Co. Eq. 100 in the name Pref. 225 of Nanak Chand. -do- Eq. Ill In the name Pref. 150 of Banarsi Das Nanak Chand. 2. Central Bank of India ordy. 158 3. Colour Chem. ordy. 6 4. Delhi Cloth Mills ordy. 56 5. Ganesh Flour Mills ordy. 120 6. Good-year India Ltd. ordy. 5 7. Hindustan Mercantile Bank ordy. 5 8. India Cements ordy. 1700 pref. 5 9. Indian Copper Corporation Ltd. ordy. 300 10. Indian Iron & Steel ordy. 720 11. Indian Steamship ordy. 110 12. Modi Spg. & Wvg. Co. ordy. 150 13. Motor & General Finance Ltd. ordy. 150 14. Neelamali Tea & Coffee ordy. 400 15. New Victoria ordy. 100 pref. 100 16. Premier Automobiles ordy. 10 17. Punjab National Bank ordy. 1500 18. Shree Gopal Paper Mills ordy. 300+200 (Bonus.) (Now Balarpur Industries) 19. Sone Valley ordy. 200 20. Travancore Rubber ordy. 100 21. United Flour Mills ordy. 332 22. Tranvancore Rubber & Tea ordy. 100 (b) 23.44 shares of DCM purchased in 1953 which have increased now to 120. 24.250 shares of Punjab National Bank. 25.10 shares of Motors and General Finance Ltd. (c) Fixed Deposits : (1) Rs. 20,000 in the Goodwill Finance Corporation were held to be joint estate. (2) Rs. 15,000 in Goodwill India Ltd. were held to be joint family estate. (3) Rs. 10,000 in the United Commercial Bank Ltd. were non-existent. (d) Others: (1) 31 needle boxes were held to be joint property in possession of the defendant. They were originally purchased for Rs. 7000. (2) Vespa Scooter was a joint property. It was sold and Rs. 2000 were deposited in Goodwill Finance Corporations. (3) Ornaments & Jewellery were held non-existent. (4) Bank account in Hindustan Commercial Bank Ltd. and United Commercial Bank Ltd. were held non-existent.