VIRENDER KUMAR GARG Vs. RAVINDER KUMAR GARG

JUDGEMENT

(1.) This is a suit for declaration, partition, mandatory injunction and cancellation of documents. The case of the Plaintiff, Mr. Virender Kumar Garg, s/o late Mr. Jagdish Narain Garg (J.N. Garg), is that he and Defendants 1 to 4 are the sons of late Mr. J.N. Garg. Defendant No. 5 is their mother and Defendant No. 6 is the wife of Defendant No. 1.

(2.) The case of the Plaintiff is that late Mr. Ghamandi Lal, the grandfather of the Plaintiff, had acquired a number of properties during his lifetime. He was survived by two sons, Mr. Prem Narain and Mr. Laxmi Narain and three daughters. In para 3 of the plaint, it is stated that an oral family partition took place and the four properties listed therein in village Tihar, New Delhi fell to the share of late Mr. Laxmi Narain Garg. It is stated that he then sold the said properties at different points of time and out of those funds, bought on lease F-83, Naraina Vihar, New Delhi (hereafter the 'suit property') from the Delhi Development Authority. Thereafter, ground floor and one room on the first floor was constructed out of the joint family funds. It is stated that late Mr. J.N. Garg lived in the suit property till his death on 12th January 1986.

(3.) It is stated that on the death of Mr. Laxmi Narain the suit property and all other assets came to the share of the Plaintiff's father, late Mr. J.N. Garg, who was a government employee, having no other source of income. It is stated that the Plaintiff got married in 1984. As such, there was shortage of accommodation and the entire first floor was covered by raising additional construction and two rooms were constructed on the second floor in 1985-86. It is stated that the Plaintiff started his business and was contributing to the joint family funds which was used for the above additional construction as well as for the marriage of Defendants 1 to 4. Thus, the case of the Plaintiff is that the suit property was acquired out of the family funds by their father late Mr. J.N. Garg who held it in his name only in trust for use of the joint family and that the Plaintiff invested his own funds for the construction of the house only on this understanding. The Plaintiff states that he got married in 1984 and the cash received at that time was utilised for the joint family's needs for raising the construction.