SHASHI KUMAR MAHAJAN Vs. RAMESH KUMAR MAHAJAN

JUDGEMENT

(1.) The first application (I.A.No.3044/93) filed by the plaintiff under Order 40 Rule 1 of the Code of Civil Procedure is for the appointment of a receiver to have possession, control and charge of the ground floor of the property bearing No.N-85, Greater Kailash, New Delhi and further to direct that no alterations, changes of any kind whatsoever, whether structutral or otherwise, be carried out by the defendants or any one claiming under them in the said property.

(2.) The second application (I.A.No-7557/94) is by defendant No.7 under Section 151 of the Code praying that the plaintiff be directed not to obstruct the defendant/applicant and her workmen from going to the terrace of the ground floor and undertake the repairs/replacement of overhead tank, T.V.Antina, opening and repairing of the water drains, plastering etc. and also for any other necessary repairs as and when required.

(3.) In the suit filed by the plaintiff on 5th October, 1990, he has prayed for a decree for partition with respect to three properties, namely, N-85, Greater Kailash, Part-1, New Delhi; C-58, Preet Vihar, Delhi; and Shop No.5677, Sadar Bazar,Delhi along with the business of M/s.Mahajan Traders carried out from the shop premises. Plaintiff and defendants 1 to 3 are the sons, defendant No.4 is the widow and defendant No.5 is the daughter of late Shri Durga Dass Mahajan. Defendant No.6 is the minor son of defendant No.l. In nutshell the suit is filed on the allegation that the suit properties are the Joint Hindu Family Properties having been acquired with the aid of Joint Family Funds. There has been family arrangement, after the death of Shri Durga Dass Mahajan, on 21st January, 1990, through letter of confirmation on 30th July, 1990, but defendants have not been adhering to the said family arrangement, which necessitated the plaintiff in filing the suit for partition.