SURINDER PAL SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) This is a suit for partition, rendition of accounts and permanent and perpetual injunction. Initially, it was filed by the two plaintiffs-plaintiff No. 1 and plaintiff No. 2, who are the son and wife respectively of late Shri Prem Singh Bedi. However, afterwards the married daughters of late Shri Prem Singh Bedi were included as the plaintiff Nos.3 to 5. The defendants are also sons and daughter of Shri Prem Singh Bedi. The defendant Nos.1 to 5 being the sons and defendant No. 6 being the unmarried daughter of late Shri Prem Singh Bedi.

(2.) The case set up by the plaintiffs is that the plaintiffs and the defendants are co-owners of the following properties :-

(3.) The co-ownership is claimed on the premise that Sh. Prem Singh Bedi, father of the plaintiff Nos. l, 3 to 5 as well as of defendant Nos.l to 6 and husband of plaintiff No. 2, had a joint Hindu family comprising of himself and all the parties to the suit and the aforesaid properties were purchased from the joint family funds and are, therefore, joint family properties. The claim of joint family is made on the averments that father of Sh.Prem Singh Bedi was employed as 'Hakim' and was earning substantial income from the said profession in Peshawar, which is now in Pakistan. From those earnings he purchased a family house in Peshawar, Pakistan. After his death some time in the year 1916, Sh.Prem Singh Bedi became the Karta of the joint family property and the house devolved upon him. Maternal grandfather of Sh. Prem Singh Bedi also purchased a house in Peshawar, Pakistan, which was also devolved upon Sh. Prem Singh Bedi after the death of the former. Sh. Prem Singh Bedi came to Delhi on the partition of the country in 1947. In lieu of the claims of the properties left behind in Pakistan, he was allotted shop No. 30, Central Market, Lajpat Nagar, Delhi in the year 1951 by the Ministry of Rehabilitation. Lease Deed dated 27.2.1970 for this purpose was executed in his favour. From this property Sh. Bedi did business of selling household wares etc. and earned substantial income. From the said income he purchased House No. A-49, Double Storey, Lajpat Nagar IV, New Delhi, which was being used for residential purpose by Sh. Bedi and his family and they started residing there. According-to the plaintiffs, other properties, particulars whereof are mentioned above, were also purchased by Sh. Bedi out of the income from Shop No. 30, Central Market, Lajpat Nagar, New Delhi. In this manner, it is the endeavour of the plaintiff to project that all these properties were joint family properties to which the plaintiffs and the defendants have equal share after the death of Sh. Bedi and, therefore, partition of these properties is sought on this ground. It is submitted in the alternative that even if these properties are not the joint properties, the plaintiffs as well as the defendants would be owners of these properties to the extent of 1/8 each as successor-in-interest of Sh. Bedi as, according to the plaintiffs, Sh. Bedi died intestate. Decree for rendition of accounts of the suit properties as well as decree for permanent injunction restraining the defendants from preventing the use and occupation of the possession of the suit property is also prayed for as a consequence.