RAMESH CHAND Vs. TEK CHAND

JUDGEMENT

(1.) Succinctly stated, the case of the Plaintiff is that the suit property bearing Municipal No.15-C, Vijay Nagar, Delhi is joint Hindu family (HUF) property, having been acquired/adjusted against the value of properties left behind in Pakistan, as a consequence of the Partition. For this purpose reliance has been placed on a letter dated 8.12.1958 addressed by the father of the Plaintiff and Defendant No.1, namely, Late Shri Gosain Lachman Gir to the Settlement Commissioner, New Delhi in which he has inter alia stated that - " the amount, equal to the value of House No.15-C, Vijay Nagar, Delhi-9 under occupation of my son Shri Tek Chand, may kindly be transferred in his name enabling him to purchase that house". The Plaintiff asserts that being HUF property it is of little consequence that it stands in the exclusive name of his brother, Shri Tek Chand (Defendant No.1), and the Defendant is entitled to enforce his share thereto.

(2.) Defendant No.1 is the only brother of the Plaintiff and Defendants No.2 and 3 are their sisters, all the siblings being the children of the said Late Shri Lachman and Late Smt. Bhagwanti. The sisters claim no rights in the suit property but have supported and sided with their brother, Defendant No.1; and their counsel have prayed that the Suit be dismissed.

(3.) It is the common case that immediately upon Partition, the family migrated to India and had settled in Turkman Gate, Delhi. Defendant No.1 and his family, however, appear to have set up their residence to the suit property at least by 8.12.1958, initially as a tenant. The rest of the family continued to reside in Turkman Gate, Delhi. Learned counsel for the Defendants have explained that the Settlement Commissioner had effected an adjustment in respect of the suit property, whereas it ought to have been carried out in respect of the Turkman Gate property. In the letter dated 8.12.1958 authored by the father, namely, Shri Lachman and the subsequent letter of the Settlement Commissioner dated 19.12.1958 the sequence of events have been explained in this manner: <FRM> The Settlement Commissioner, G.B.P. Jam Nagar House, New Delhi. Sub: CLAIM INDEX NO. P/RP-1/1309, Registration No. 61188. I am occupying House No.2251, Gali Dangot, Turkman Gate, Delhi. I deposited Rs.563/- in the Reserve Bank of India, the amount for which the house in my occupation was mortgaged by the Muslim evacuee, as per orders of the Competent Officer, and the balance of amount at which the house is valued is to be deducted from my above verified claim. I attach a copy of the judgement order herewith. I request that the amount, equal to the value of House No. 15-C, Vijay Nagar, Delhi- 9 under occupation of my son Shri Tek Chand, may kindly be transferred in his name enabling him to purchase that house. I may further add that I am a T.B. Patient (medical certificate attached) and that, after transferring the amount indicated above in the name of my son Shri Tek Chand, I may kindly be paid in cash the balance amount. Yours faithfully, Sd/- (GOSAIN LACHMAN GIR) H.NO.2251, Gali Dangot, Turkman Gate, Delhi. Dated: 8.12.1958 ......... Gosain Lachman Gir S/o Gosain Gopal Gir, H. No.2251, Gali Dangot, Turkman Gate, Delhi. Sir/Madam, Your application for compensation has been finalized with the following results:- Index No. of Claim(s) Assessed value Total of each claim assessed value RP-1/1309 15890.00 15890.00 ________________________________________________ Amount of final compensation & Rehabilitation Grant due Rs.5699.00 Arrears of rent upto 30.9.95 for 15-C, Vijay Nagar Rs. 358.00 Arrears of rent for E.P. No.2251/1562/X Turkman Gate other recoveries (loans etc.) upto 31.12.57 Rs. 1296.75 V.C. for the both properties upto 31.12.57 Rs. 104.00 Net amount of final compensation & rehabilitation grant due Rs.3940.25 You are at occupying Qr. No.15-C in colony Vijay Nagar New Delhi/Delhi which stands allotted to your son Shri Tek Chand final basis/purchase basis. The cost of the said property is adjustable against the compensation admissible to you and it has been ............. to pay compensation in the form of that property. The value of the property (including premises for 99 years household rights in respect of the site with liability to pay a nominal ground rent of Rs.1/- per 100 sq. yards, or fraction thereof and reject to the other condition as detailed in Appendix XI of the replaced persons (Compensation & Rehabilitation) ....... 1995 is Rs.8265.00 (Rs. eight thousand two hundred sixty five only) As the net compensation due to you falls short of the value the property by Rs.___________, the difference has been partly made by adjusting Rs.__________ being the cash value of _________ ............... admissible to against your agricultural land and claims ............. Index No._________ to the extent of __________ standard ................ It leaves a balance of Rs.4324.75 (Rupees Four thousand three hundred twenty four/75. N.P. Only), still to be recovered from one exceeding Seven years the installment are due on 15.12.1958. (i) (ii) (iii) (iv) ..... Under Rule No.26:- If the amount is paid within two years No interest If the amount is paid within three years One percent If the amount is paid within four years Two percent If the amount is paid within seven years 4 ....... execute when to ....... paid by you. Till then ........ .........vested in the Government of India (ii).......... will be charged with effect from the Ist .................. (iii) It will not be open to seal or mortgage or otherwise the property. (iv)You may not make any addition or alterations without prior permission from the office and (v) You will be responsible for keeping the property in ............ repair and for payment of all taxes, cases etc. Please note that if you fail to pay any installments by due you will be liable to ejectment and the property may be allotted or sold to some other reason by this office. Yours faithfully, (A.S. Lokanathan) Regional Settlement Commi....... Assistant Settlement Comm........ Office of Regional Settlement......... NEW DELHI Copy forwarded for information and necessary action to: 1.The Housing and Rent Officer, Gokhale Market, Delhi 2.The Executive Engineer, CPWD, Rehabilitation Division No.__________. 3.Records Branch, _______________ Certified to be true copy. Sd/- (S.P. MADAN) Section Officer, Ministry of Defence, </FRM>