SURAJ MUNJAL Vs. CHANDAN MUNJAL & ORS

JUDGEMENT

(1.) When this suit came up for hearing for admission on 19.12.2017, the following order was passed:-

(2.) The plaintiff/Dr. Suraj Munjal has filed the present suit for partition, declaration and injunction. As per the plaint and the causes of action therein, there are three categories of properties which are mentioned. First category of properties is stated in para 5(I) of the plaint and which are HUF properties. In the second category of property though the averment is that it is a jointly held property, however, the same para seems to indicate that this second category of property is in fact an HUF property. In my opinion the plaint para 5(II) is not very happily worded with respect to the second category of property and which is only one property being 9 acres of land in village Bhampur, Rania Road, Sirsa, Haryana. The third category is of the joint properties and which are essentially two in number with first property being the control of the shareholding of the defendant no.6 company M/s RC Healthcare (P) Ltd and secondly that plaintiff has become the exclusive owner of the basement premises forming part of the property E-82A, Greater Kailash-I, New Delhi.

(3.) With respect to the HUF properties, which are the four properties in the first category, averments are made in paras 1 to 3 of the plaint for such properties to be HUF properties and these paras 1 to 3 read as under:-