LALIT KUMAR SETH Vs. S R SETH

JUDGEMENT

(1.) This order will dispose of issue Nos. 3 and 6 which were heard on 26.3.2008 as preliminary issues.

(2.) The brief facts necessary for this purpose are that the plaintiff, who is son of the first defendant, has claimed a decree for partition of his share is his deceased mother's share in the property being H-17, Maharani Bagh, First Floor; or in case such share is impartible in metes and bounds, a direction to auction the property inter se parties and distribute the sale proceeds among them; a decree for rendition of accounts in respect of 966 Equity Shares of M/s Larsen and Tourbo and a decree for restraining defendant Nos. 1 to 3 from interfering with the plaintiff's use, occupation and enjoyment of the portion in his possession, have been sought.

(3.) According to the suit averments, the plaintiff and defendant Nos. 2 to 5 are sons and daughters of the first defendant. The plaintiff and defendant No.3 had filed a suit for declaration i.e. 688/1969 before the Senior Sub Judge, Delhi claiming that the suit property i.e. C-74 (old) i.e. 17-H (new), Maharani Bagh, New Delhi (hereinafter called 'suit property') belonged to, and was constructed with Joint Hindu Family (HUF) funds and that it had been orally partitioned amongst the parties on 01.4.1968. The plaintiff avers that in the said suit the allocation regarding oral partition of the property was in the following manner:-