PARKASH CHANDER BHALLA Vs. SUDESH CHANDER BHALLA

JUDGEMENT

(1.) THIS judgment will dispose of plaintiffs suit, CS (OS) 3198 of 1998 for partition of properties of Late Shri Hans Raj Bhalla, Property bearing no. 22, Park Area, Karol Bagh, New Delhi and a plot of land bearing Khasra no. 440 (measuring 563. 59 square yards) situated at the main road, opposite plot No. T-3, Industrial Area, Bahadurgarh, District Rohtak, Haryana and the moveable properties of late Shri Hans Raj Bhalla stipulated in the schedule annexed with the plaint. After filing of the suit, an award was given in respect of some of his properties which became final and therefore, suit remains for the partition of the Property bearing No. 22, Park Area, Karol bagh, New Delhi and the moveable properties. Suit No. CS (OS) 503 of 1990 is a suit for permanent injunction seeking a restrain against Sh. Suresh chand Bhalla, defendant No. 1 that he and his family members be restrained from interfering with the peaceful possession of the plaintiff in respect of two rooms, bath on the ground floor and from making any changes/construction/addition/alterations in the suit premises. CS (OS) 3198 of 1988

(2.) THIS is the suit for partition of the properties of Late Shri Hans Raj bhalla, Property bearing No. 22, Park Area, Karol Bagh, New Delhi and a plot of land bearing Khasra No. 440 (measuring 563. 59 square yards)situated at the main road, opposite plot No. T-3, Industrial Area, bahadurgarh, District Rohtak, Haryana and the moveable properties of late shri Hans Raj Bhalla stipulated in the schedule annexed with the plaint. After filing of the suit, an award was given in respect of some of his properties which has become final and therefore, this suit remains for the partition of the Property bearing No. 22, Park Area, Karol Bagh, New Delhi and moveable properties. The defendant No. 2 has also sought partition of the property at Anand Niketan which is in the name of defendant No. 4 contending that it is a joint family property which was acquired from the funds of HUF and therefore, has sought partition of said property also.

(3.) THE plaintiff and defendants No. 1 to 4 are brothers, sons of late Shri hans Raj Bhalla. The defendants No. 5 to 8 are the sisters of the plaintiff and defendants No. 1 to 4. Shri Hans Raj Bhalla, father of the plaintiff and defendants, died on 11th February, 1977. During his life time he executed a will on 25th April 1973 whereby he gave life interest in his property to his wife, Smt. Sita Devi Bhalla, who was allowed to receive rent with profits of the said immovable properties during her life time.