BHIM SINGH Vs. SUKHBIR SINGH

JUDGEMENT

(1.) THIS is a suit for partition and rendition of accounts. The plaintiff claims that the following properties are joint family properties:- (i) No. 47 (MCD No. 8497), Arakashan Road, Pahar Ganj, New Delhi; (ii) Shop No. 5, Chara Mandi, Zakhira, Delhi; (iii) Shop known as Janta Dharam Kanta, Chara Mandi, Zakhira, Delhi; and (iv) Agricultural land along with built up house at village Mattan, District rohtak (now Bahadurgarh), Haryana. The plaintiff, at the time of filing of the suit claimed a 1/7th share in the said properties which are hereinafter referred to collectively as "the suit properties". However, during the pendency of the suit the plaintiff's mother (Mrs Sama Kaur), who was the defendant No. 5, passed away and consequently the plaintiff now claims a 1/6th share in the suit properties.

(2.) THE plaintiff and the defendants 1-4 and 6 are the sons and daughter of late mr Karan Singh and late Mrs Sama Kaur (erstwhile defendant No. 5 ). It is stated in paragraph 1 of the plaint that the parties to the suit are legal heirs of late Mr Karan Singh who died on 26. 03. 1983 and that they are the joint owners in possession of the suit properties. It has been stated that agricultural land in village Mattan comprised in Khasra No. 176/164 Khatauni No. 300 and Khasra No. 319/306 Khatauni No. 450 comprise of 55 bighas and 11 biswas of land.

(3.) IT is further averred in the plaint that after the death of Mr Karan Singh, differences had arisen between the parties to the suit on account of which it was not possible for the plaintiff to have the properties as joint properties any further. It is alleged that the plaintiff requested the defendants for partitioning of the suit properties by metes and bounds but the defendants did not agree to the same. The plaintiff also allegedly sent a notice seeking partition on 24. 12. 1996.