TIKKA SHATRUJIT SINGH Vs. BRIG SUKHJIT SINGH

JUDGEMENT

(1.) This is a suit seeking separation of the shares of the plaintiffs after due partition of the joint properties. Plaintiffs No. 1 & 2 are the sor.s of defendant No. 1 whereas plaintiff No. 4 and defendant No. 2 are the daughters of defendant No. 1 and plaintiff No. 3 is the wife of defendant No. 1. Plaintiffs l,2 & 4 were minors at the time of the filing of this suit and the suit was brought through their mother and next friend, Plaintiff No. 3. The plaintiffs l,2&4 had since become major and had elected to continue this suit. Unfortunately Plaintiff No. 2-Maharajkumar Amanjit Singh died on November 10, 1991. He had died intestate and his estate is inherited by his mother Plaintiff No. 3.

(2.) The case set up by the plaintiffs in brief is that the plaintiffs and defendants constituted Hindu Undivided Family and all of them have been joint in estate and worship and upto August 1976, they were also joint in mess. It is averred that defendant No. 1 had deserted the family since August 1976 and has been separately residing in Gymkhana Club, New Delhi. In para 8 of the plaint, the defails of the co-parcenary properties have been given which are (1) double-storey residential house bearing municipal No. 90-A, Greater Kailash-l, New Delhi; (2) Commercial flat No. 101 on the first floor of the building known as Surya Kiran situated at Kasturba Gandhi Marg, New Delhi; (3) a residential house known as Villa Bouna Vista and Cottage Villa Chalet, servant quarters, garages, etc., located in Village Chuharwal, District Kapurthala; (4) a residential palace in Mussoorie known as 'Chateau' St. Helens, Mussoorie (5) all movables including furniture, carpets, etc.. lying in Villa Kapurthala, Chateau St. Helens, Mussoorie and in property in Greater Kailash; (6) all jewellery and valuables lying in the sales of Toskhana inside the Villa, Kapurthala and in the safes of Chateau, Mussoorie; (7) jewellery lying in locked brief case kept in lockor No. 325, Grindlays Bank, 'H' Block, Connaught Place, New Delhi; (8) jewellery lying in Societies General, Bouleward Haussmann, Paris, France; and (9) shares. in joint stock companies, share certificates of which are lying hi safe custody with the First National City Bank, Fort, Bombay. It is also pleaded that if there are some other properties which are co-parcenary properties, of which the plaintiffs for the present have no knowledge, if are found, they be also partitioned.

(3.) It is averred in the plaint that on or abchit January 13, 1977, the defendant No. 1 had filed 8 suit in this Court against plaintiff No. 3, his wife, seeking a declaration that the two properties namely Villa at Kapurthala,and the Chateau, Mussoorie with all the movables lying therein are his personal and exclusive properties and the poperty at Greater KailasE, B 90-A is also owned exclusively by him acquired from his personal funds and the jewelleries lying in different places in the said properties are also exclusively, owned by him.