SACHIN GUPTA Vs. B S GUPTA

JUDGEMENT

(1.) Sachin Gupta (Plaintiff No. 1) is the son, Miss Reema Gupta (Plaintiff No. 2) is the daughter and Smt. Sushma Gupta (Plaintiff No. 3) is the wife of Shri B. S. Gupta, defendant. The plaintiffs claim partition and rendition of accounts, with respect to the following two properties :

(2.) The plaintiffs allege that the said two properties are an- cestral properties which fell to the shares of parties by virtue of the petition decree dated 28th April, 1972 in Suit No. 40 of 1972 Atma Swarup and others vs. Anand Swarup and others decided by this court, that the defendant is the Karta and the Manager and has been looking after the Joint Hindu Family properties since 28th April, 1972 when the decree in the partition suit was passed. The plaintiffs do not wish to keep the said two properties joint and seek partition besides accounts.

(3.) The defendant in his written statement has raised various pleas and the issues were framed on 24th April, 1984. Para 24 of the written statement is as under :