KANCHAN & ANR Vs. HARDAYAL

JUDGEMENT

(1.) Late Sh. Shiv Dayal purchased plot no.18 at Central Market, Lajpat Nagar, New Delhi and constructed a shop on the same (hereinafter, "suit property/shop"). After his death, he appointed his wife, Smt. Dhan Bai, as his successor-in-interest. She executed a registered Will dated 12th November, 1981 in favour of her two sons, namely, Sh. Ram Dayal, father of the Appellants/Plaintiffs (hereinafter, "Plaintiffs") and Sh. Hardayal, the Respondent/Defendant (hereinafter, "Defendant"). Both brothers carried on business jointly from the shop. Sh. Ram Dayal expired on 25th February, 1989. He executed a registered Will dated 27th July, 1984 in favour of his wife, Smt. Krishna.

(2.) The Plaintiffs, Ms. Kanchan and Ms. Santosh are the two daughters of Sh. Ram Dayal and Smt. Krishna. It is their case that their mother was a Pardanasheen lady and was a silent partner in the shop that was being run from the suit property, and that she was also handicapped. While she was alive the Sh. Hardayal would give her some accounts of the business being run from the suit property and some money. However, she expired on 5th September, 1989.

(3.) It is the case of the Plaintiffs that their uncle, the Defendant, did not provide any accounts of the business to the Plaintiffs, after the death of their mother, because he had told their maternal grandmother, who brought up the two girls after the death of their parents, that he would give them money when they attain the age of majority. It is the Plaintiffs' case that the Defendant assured them that they would also be inducted as partners in the business being run from the suit property, upon attaining the age of majority.