SHANTI DEVI Vs. RAM SWARUP GOELA

JUDGEMENT

(1.) The present suit has been instituted by the plaintiffs seeking partition of the property bearing No. 152-D, Kamla Nagar, Delhi-110 007 and for rendition of accounts relating to the business carried on in the name and style of M/s. Sita Ram Goel and Brothers.

(2.) The case of the plaintiffs as pleaded in the plaint is that the plaintiffs and the defendants constituted a Hindu undivided family known as Sita Ram Goel and Brothers and that the said Joint Hindu Family has been carrying on business at 152- D, Kamla Nagar, Delhi-110 007. The claim of the plaintiffs is based on a Deed of Partition which was executed on 17.8.1957. In the plaint, the plaintiffs have claimed that the parties to the present suit have l/4th share each in the aforesaid property being No. 152-D, Kamla Nagar, Delhi-110007. According to the plaintiffs, after the execution of the deed of partition dated 17.8.1957 the defendant No. 1 continued to act as the Karta of the Joint Hindu Family and since he started misusing his position as Karta of the family the present suit has been instituted by the plaintiffs seeking partition of the property. It is stated that the entire property has been in use and occupation of all the coparceners of the properties who are co-owners and having equal shares in the property and that the defendant No. 1 is in use and occupation of one flat on the first floor of the property which is just below the flat which is in use and occupation of the plaintiffs on the second floor of the premises and that the plaintiff has also one Barsati in their possession. Since the said property is a Hindu undivided family property the plaintiffs have a right to seek for partition of the said property by metes and bounds and in fact requested the defendant No. 1 for such a partition. The defendant No. 1 not only refused to make any partition but he has also not given full accounts of the HUF funds and has been manupulating the accounts of the HUF for his personal gains. Accordingly, the present suit has been instituted by the plaintiffs.

(3.) The defendants in their written statement denied the claim of the plaintiffs. It has been stated in the said written statement that the plaintiffs jointly have I /3rd share and that the defendant No. 1 has 2/3rd share in the property. It is categorically denied in the written statement that the parties to the suit validly constituted a Joint Hindu Family and stated that in fact and law the parties to the suit continued to be the joint owners of all the assets of M/s. Sita Ram Goel and Brothers including 152- D, Kamla Nagar, Delhi-110 007 wherein the defendant No. 1 has one half share and the plaintiffs and defendant No. 2 have the other half. It is further stated that the suit for rendition of accounts relating to the assets of M/s. Sita Ram Goel & Brothers is not maintainable and that the rent received from the tenants of the property No. 152- D, Kamla Nagar, Delhi are deposited with business houses and the interest is earned from such deposits. It is further stated that proper and regular accounts in respect of rents received and the interest earned from the deposits are maintained which are regularly inspected by the parties.