SDR GURDEV SINGH Vs. SUNDER KAUR

JUDGEMENT

(1.) Sardar Gurdev Singh, plaintiff filed a suit claiming partition of property bearing No. 18/53, Ramjas Road, New Delhi and also permanent injunction restraining the defendants from disposing of or parting with possession of the said property.

(2.) Briefly the facts of the case as alleged in the plaint are that the father of the plaintiff was dealing in the wholesale kirana business in Pakistan. He separated his two sons,namely, S.Narinder Singh and S.Sohan Singh from the HUF in Pakistan itself and third son Gurcharan Singh was separated by a Release Deed dated 22nd November 1951 from the HUF.Thereafter, the HUF consisted of only father S.Prem Singh, mother Smt.Sundr Kaur and the plaintiff S.Gurdev Singh. Plaintiff started dealing in wholesale sugar business at Kota (Rajasthan) as partnership firm consisted of plaintiff and his father. But the family affairs were managed by mother Smt.Sunder Kaur as Trustee for the entire assets and property because she was a senior member of the HUF. She was given Rs.24,000.00 out of the ' HUF and rest Rs.2,000.00 was contributed by her in the purchase of this property in Delhi in July,1960. S.Sohan Singh, who was separated trom the HUF was allowed to live in this house by the plaintiff as a licencee. ' He had no right, title or interest in the property in question. S.Sohan Singh died in November,1990 and his legal heirs decided to dispose of this property even though they have no right nor title or .interest on this property. The property in fact belongs to plaintiff and Smt. Sunder Kaur, his mother.

(3.) It is in this background that he has sought an ad interim injunction during the pendency of the suit because of the apprehension that the legal heirs of deceased S.Sohan Singh may not dispose of the property.