VISHNU DAS ADVANI Vs. HIRANAND ADVANI

JUDGEMENT

(1.) That one Shri Tola Ram, father of the parties to the suit was the owner of the property being House No. 13/28, East Punjabi Bagh, New Delhi and 1356/57, Street No. 4, Faizganj, Bahadurgarh Road, New Delhi. Shri Tola Ram died on 6th September, 1983, leaving behind him a Will executed on 1st April 1965 by virtue of which parties to the suit were given equal shares in his properties. Besides the properties left behind by the deceased Tola Ram, the parties had also jointly purchased a property being No. 6/28, East Punjabi Bagh, New Delhi and they had equal shares therein. The plaintiffs filed the present suit for partition .of the said properties on the ground that it was not possible for them to live together and they, therefore, wanted separate possession of their respective shares in the said properties.

(2.) The defendant in the written statement has not denied the share of the parties either in the properties left behind by the deceased Tola Ram or in the property jointly purchased by the parties. The only plea taken in the written statement in respect of the said properties was that the defendant had from his own resources contributed much in excess of his l/3rd share. Similarly in the Faizganj property as well as in the property left behind by the deceased the defendant's case is that he had made some additions with his own funds. Besides the immovable properties, the defendant has alleged that the deceased had left behind certain movables incding deposits with the bank. It is also alleged that the First plaintiff purchased a flat being No.5, B-16, Bhagwan Das Nagar, New Delhi with the joint funds of the parties and a shop on the first floor at 138/7, Tilak Bazar, near Khari Baoli was also purchased in the same manner allegedly usurping the assets of the joint family,

(3.) That on 2nd March, 1993 when the suit came up for hearing before the Court the parlies agreed to have a local commissioner appointed to suggest the mode of partition of the properties of late Shri Tola Ram in accordance with the Will. At the time of passing of this order no objection was raised by any of the parties about their share in the properties. The local commissioner after hearing the parties filed his report on 28th April, 1994 suggesting the mode of partition of the two properties mentioned in the Will of the deceased Tola Ram as also the property being No.l3/28, East Punjabi Bagh, New Delhi which was purchased jointly by the parties. The partition had been suggested considering the share of the parties to be equal in all the said properties.