MAN MOHAN SINGH KOHLI Vs. AMARJEET SINGH

JUDGEMENT

(1.) A Suit for Partition, Declaration, Rendition of Accounts, Permanent Injunction and Mesne Profits has been filed by the plaintiff seeking partition of the properties owned by his father Late S. Gurbachan Singh Kohli.

(2.) Briefly stated, Sh. Gurbachan Singh Kohli was the father of plaintiff and defendant No.1 to 4. Defendant No.5 to 8 are the legal heirs of Late Sh. Kulwant Singh, the son who had died on 10/10/1983 during the life time of Late Gurbachan Singh Kohli. Sh. Gurbachan Singh Kohli was a resident of Pakistan, who migrated to India along with his wife Smt. Inder Kaur Kohli and four minor children in the year 1947. Thereafter, he was blessed with two more children i.e. defendant No.1, Amarjeet Singh Kohli and defendant No.4, daughter Balbir Kaur. He owned various movable and immovable properties in Pakistan which were owned by their forefathers. He was in actual and physical possession of all these properties and managed the same for the benefit of HUF. After migrating to India with whatever cash, gold and silver jewellery he could manage, as well as the funds raised by selling the family properties in Dhudhyal (now in Pakistan), he purchased both residential and commercial properties. As the Karta and head of the family, he made acquisitions for himself, his wife, and children. The properties so acquired by him are:

(3.) After acquiring a plot of land in Rajouri Garden, Sh. Gurbachan Singh Kohli constructed only the Ground Floor from the funds of joint family and also from the funds raised from the business. After the construction was completed, Sh. Gurbachan Singh Kohli along with all the family members came to reside in this property. The front two rooms on the Ground Floor are being used as shops and are in the tenancy of two tenants. One shop is under the tenancy of Mr. Ashok Kumar for about 20 years who is running a business as M/s Queen-up Jewellers rent being Rs.6,000.00 per month. The second shop is under the tenancy of one Mr. Dharamveer Dhawan for the last 35 years who is doing the business in the name of M/s Dhawan Tailors rent being Rs.4,000.00 per month. Smt. Inder Kaur Kohli has been receiving the rent from the tenants for and on behalf of the family.