CHARANJIT LAL PURI Vs. MADAN LAL PURI

JUDGEMENT

(1.) C.M. Appl. Nos. 50930/2018, 50932/2018 and 50934/2018 (for exemptions)

(2.) The subject suit was filed by the plaintiff pleading that there were three suit properties. The first was shop no. 2773, New Market, Bansow Wali Gali, Sadar Bazar, Delhi-110006. The second premises was a tenanted shop no. 90, Swadeshi Market, Sadar Bazar, Delhi- 110006. The third property was house no. 3/9, Jaidev Park, Rohtak Road, Punjabi Bagh, Delhi-110026 situated on a plot admeasuring about 225 sq. yds. The plaintiff in the suit pleaded that the first two properties were purchased by his father, Late Sh. Ram Lal Puri, out of the funds raised from the sale of ancestral property and from his self earned money in the year 1965-66. It was further pleaded that the father, Late Sh. Ram Lal Puri, had started trading of phenyl goli in the name of M/s. Puri Sales Corporation, and this business was run out of a tenanted shop no. 90, Swadeshi Market, Sadar Bazar, Delhi 110006. From the earnings of the business and his self earned money, the father Late Sh. Ram Lal Puri, purchased the house no. 3/9, Jaidev Park, Rohtak Road, Punjabi Bagh, Delhi. Therefore, it was pleaded that the three suit properties be partitioned equally between appellants/plaintiff, respondents no. 1(a) to (c)/ defendant no.1 and the respondent no. 2/ defendant no. 2 being the two sons and one daughter of Late Sh. Ram Lal Puri. It is pertinent to note that during the pendency of the suit, defendant no. 1 had sold the property at Jaidev Park, Rohtak Road, Punjabi Bagh, Delhi, and thus a decree of declaration for the cancellation of the Sale Deeds executed in respect of the property at Jaidev Park, Rohtak Road, Punjabi Bagh, Delhi in favor of respondent nos. 3 and 4/defendant nos. 3 and 4 was also prayed for the plaintiff.

(3.) As already stated above, the respondent no. 2/defendant no. 2/sister admitted the case of the plaintiff. The contest to the suit was by defendant no. 1/brother now represented by respondents no. 1(a) to (c). He pleaded that the suit properties were the self-acquired properties of the father, Late Sh. Ram Lal Puri. It was also pleaded that Late Sh. Ram Lal Puri had executed in favour of the defendant no. 1/Late Sh. Madan Lal Puri his registered Will dated 14.09.1977 bequeathing thereby the properties of the father Late Sh. Ram Lal Puri to the defendant no. 1/Late Sh. Madan Lal Puri. It was also pleaded that the plaintiff/Late Sh. Charanjit Lal Puri had left the family long back in the year 1977. The plaintiff/Late Sh. Charanjit Lal Puri was a partner in the partnership which was dissolved on 28.02.1977 when plaintiff/ Late Sh. Charanjit Lal Puri settled his account and walked out of the partnership through the Dissolution Deed dated 28.02.1977. The father, Late Sh. Ram Lal Puri, at that time had given to the plaintiff/Late Sh. Charanjit Lal Puri a sum of Rs. 10,000/- by grace and the plaintiff/ Late Sh. Charanjit Lal Puri had given in writing that he would no longer have any claim to the properties of the father, Late Sh. Ram Lal Puri. It is also pleaded that the father had created a tape recording of his Will dated 14.09.1977, and this tape recording was recorded on 22.09.1979. The father, Late Sh. Ram Lal Puri had also, on the same date being 22.09.1979, written his note of the execution of the Will in Urdu in his handwriting. Defendant no. 1/ Late Sh. Madan Lal Puri is therefore claimed to be the sole owner of the suit property and has thus prayed for dismissal of the suit.