RAJIV OBEROI Vs. SANTOSH KUMAR OBEROI

JUDGEMENT

(1.) This is a suit for partition, rendition of accounts and declaration. Plaintiff's claim 9/24th share in property bearing No.E-231, East of Kailash. Partition of said property is prayed for. Declaration sought is for nullification of mutation obtained by defendants 1 to 5 in their favour in records of DBA. Rendition of accounts is sought against defendants 1 to 5.

(2.) Recorded owner of the suit property was late Shri Amolak Ram. Wife of late Shri Amolak Ram had pre-deceased him, having died in the year 1947 (a fact stated by counsel for the parties at the. bar). Shri Amolak Ram was blessed with two sons named Shri Raj Kumar Oberoi and Shri Santosh Kumar Oberoi (Defendant No.l). He had six daughters. Defendants 6 to 11 are the daughters of late Shri Amolak Ram. Defendant No.l, Shri Santosh Oberoi is the son of late Shri Amolak Ram. Defendant No.2 is the wife of defendant No.l. Defendants 3 to 5 are the children of defendantsl and 2. Plaintiff No.l is the son of late Shri Raj Kumar Oberoi, the other son of late Shri Amolak Ram. Plaintiff No.2 and 3 are the wife and daughter, respectively, of later Shri Raj Kumar Oberoi.

(3.) Case of the plaintiffs is that late Shri Gopi Chand, father of late Shri Amolak Ram, had inherited ancestral properties in Pakistan which he left behind on account of partition. Gopi Chand lodged a claim with the Rehabilitation Department of Union of India for compensation in respect of the ancestral properties left behind in Pakistan. After verification, Rehabilitation Department held that Shri Gopi Chand was entitled to be compensated as a displaced person for properties left by him in Pakistan. Before claim could distributed, Shri Gopi Chand died on 1.7.1954 leaving behind 9 legal heirs, one of whom was Shri Amolak Ram. Compensation assessed in favour of Shri Gopi Chand was accordingly apportioned amongst the 9 legal heirs. 1/9th being apportioned in favour of Shri Amolak Ram. In stead of receiving cash, Shri Amolak Ram got the compensation adjusted by purchase of agricultural land in Village Kherera and allotment of property bearing No.B/253-255, West Patel Nagar in association With one Shri Mulkh Raj. Shri Amolak Ram sold his share in the property at West Patel Nagar. Land at village Kherera was acquired and as per policy of Government of India, alternative residential plot, being E-231 East of Kailash New Delhi was allotted to him. Part premium was paid by him from out of the compensation received by him in respect of the acquired lands in Village Kherera, balance premium was paid by him i.e. Shri Amolak Ram. Late Shri Amolak Ram constructed a house on the plot. Accordingly plaintiffs claim that property No.E-231, East of Kailash is ancestral property.