AJAY BATRA Vs. Y.P. BATRA

JUDGEMENT

(1.) Cs(Os) No.2154/2007 has been filed by the plaintiff against his father (defendant No.1), mother (Mrs. Geeta Batra, defendant No.2), his sister (Mrs. Jaya Batra defendant No.3) and against the daughter of his said sister (Ms. Deeksha Laxmi Wadhera Batra defendant No.4) claiming,

(2.) Cs(Os) No.571/2008 has been filed by the children of the plaintiff in CS(OS) No.2154/2007 for the same reliefs as claimed in CS(OS) No.2154/2007.

(3.) The plaintiff/s in the two suits seek decree on admission qua property No.C-173, Defence Colony, New Delhi. It is contended that the contesting defendants have in their written statement admitted to the rent of the said property being credited in the account of Mr. Y.P. Batra HUF. It is thus argued that there is no dispute at least of the said property being HUF property and the same be partitioned declaring the share of different parties in accordance with law. It is further contended that the plea of the contesting defendants, of the said property also being the personal property of Sh. Y.P. Batra and the rent being received in the name of Mr. Y.P. Batra HUF only by way of tax planning without making the HUF the owner of the said property, is of no avail. It is yet further contended that the said defendants themselves had filed documents being returns of income tax of Mr. Y.P. Batra HUFsigned by Sh. Y.P. Batra as Karta, also admitting the said property to be of the HUF.