LAWS(DLH)-1996-2-45

DHRUV GOYAL Vs. ANAND PRAKASH GOYAL

Decided On February 01, 1996
DHRUV GOYAL Appellant
V/S
ANAND PRAKASH GOYAL Respondents

JUDGEMENT

(1.) This application is filed by the plaintiffs under the provisions of Order 40 Rule I read with Section 151 of the Code of Civil Procedure for appointment of a Receiver in respect of the suit properties. According to the plaintiffs after the filing of the present suit they have got some letter written by the original Defendant No. 1 Anand Prakash Goel and it indicates that defendant No. I Anand Prakash Goel has divided various shops as well as profits from the said shops between his sons, defendants 2 & 3, in exclusion of the plaintiffs.

(2.) The said deceased defendant No. 1 Anand Prakash Goel has executed a Will plaintiffs, defendants 2 &: 3 are acting against the interests of the HUF and, therefore, it is proper and necessary to appoint a Receiver.

(3.) The claim of the plaintiffs is resisted by the defendants by filing their reply. They contended that shop Nos. 109 and 110, Palika Bazar, New Delhi are not the subject matter of the suit. As regards shop at Kamal Bazar it is the contention of the defendants that they were owned by defendant No. 1 Anand Prakash Goel and that the same were not joint family property. The shop Nos. 824 and 825, Nai Sarak, Delhi were never the joint family property. The District Magistrate of Dehradun had cancelled the licence of the petrol pump and the landlord on whose land the said petrol pump was established had also terminated the lease in favour of Bharat Petroleum. Thus, the said petrol pump business is not sold away by any of the defendants. On the contrary the cancellation of the agency was challenged by the defendants and others before the Supreme Court but they did not succeed in the same. They contended that they have not committed any act of either misappropriating the joint family property or having acted in any way detrimental to the joint family interest and, therefore, there are no grounds for appointment of a receiver.