CHETAN C BIJLANI Vs. L C BIJLANI

JUDGEMENT

(1.) .In the year 1977 the plaintiff instituted this suit for partition and accounts. Issues were framed in December, 1979. In 1990, the plaintiff moved an application for amendment of the plaint. It is seeing its disposal by this order.

(2.) What is the amendment sought? I will venture to answer it a little later. First, let us see the claim of the plaintiff as originally laid. He claimed that the policy of the Ministry of Rehabilitation being to allot one room set to a person having a family of not exceeding five members and two room set to a person having a family exceeding that number, the suit property (a two room set) was allotted to the defendant on rental basis. In 1959 defendant No.1 purchased it from the said Ministry in his own name but agreed that it shall belong "equally" to himself and the plaintiff and that the plaintiff had contributed "one-half money towards the sale consideration." and that later in the year 1967 when a new construction was raised, at that time too, it was agreed to between the parties that "the defendant will raise loan of about Rs.17,000.00 from the Government and the remaining costs will be provided, if any, by the plaintiff". The plaintiff claims that after the construction, the defendant realised the rental income as compensation "towards the cost of construction". In short thus the plaintiff set up the claim that he was the joint owner of the property alongwith the plaintiff.

(3.) Time now to refer to the application for amendment of the plaint.