RANBIR SINGH Vs. ATTAR SINGH

JUDGEMENT

(1.) This appeal by Ranbir Singh and Smt. PremWati,appellantsplaintiffs is directed against the order dated 30th January, 1996 of a learned Single Judge dismissing I.A. No. 11278/95 and allowing I.A. No. 12426/95.

(2.) Suit for partition and separate possession of property bearing No. 1-114, Kirti Nagar etc. has been filed by the appellants, inter alia, on the allegations that Ch. Than Singh, father of the appellants. Attar Singh, Tej Singh and Smt. Phool Wati, respondents No. 1 to 3, died on 10th June, 1987 intestate. Their mother Smt. Chhanno Devi also expired intestate on 1st July, 1993. Ch. Than Singh left behind, amongst others, said two and a half storeyed house constructed on a plot of land admeasuring 353.4 sq. yards. Respondents No. 1 and 2 are residing in different portions of the above property. Some of the portions of the property are also in occupation of Praveen Kumar and Bhim Sain Dewan, tenants, respondents No. 5 and 6. Sohan Lal Kochhar was also a tenant in the said property in respect of one drawing-cum-dining, two bed rooms, two bath rooms and kitchen on the first floor in the rear portion on a monthly rent of Rs. 1700.00 He handed over its vacant possession to appellant No. 1 on 28th October, 1995 besides paying Rs. 32,300.00 beingarrears of rent from April 1,1994to0ctober31,1995and since the nappellant No. 1 is in actual possession thereof. That portion is shown by letters JKLM in the site plan annexed with the plaint. After the death of the parents appellants and respondents 1 to 3 have become entitled to 1/5 each in the said property by operation of law. It is alleged that respondents 1 and 2 have been collecting rent from respondents No. 5 and 6. They also collected rent from Sohan Lal Kochhar upto 30th March, 1994. But they have not given share of the rent received to any of the appellants. Respondents 1 and 2 are liable to partition said property No. 1-114, Kirti Nagar and also to render accounts of the rents received by them from respondents No. 5 and 6 and also from Sohan Lal Kochhar.

(3.) In the suit I.A.No. 11278/95 under Order 39 Rules I and 2, Civil Procedure Code was also filed and vide order dated 6th November, 1995 exparte ad-interim injunction was issued against respondents 1 to 3 restraining them from disturbing the possession and enjoyment of the portion of the said property shown by letters JKLM in the plan filed alongwith the plaint.