DR. KIRAN DATAR Vs. SH. H.B. DATAR

JUDGEMENT

(1.) DEFENDANT No. 6 has filed this application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint with regard to the maintainability of the suit.

(2.) AS disclosed in the plaint, the plaintiffs and the defendants are the descendants of Lt. Mr. B.N. Datar. The plaintiffs are the legal heirs and representatives of the deceased Mr. R.B. Datar (Son of Late Shri B.N. Datar). Mr. B.N. Datar during his life time from his self earned income acquired certain moveable and immovable properties. He died intestate on 13th February, 1963 leaving behind four sons and four daughters besides his wife Smt. Subadhra. Mr. H.B. Datar, the eldest son (defendant herein) in the family took charge of all the assets moveable and immovable.

(3.) THE wife of the deceased Smt. Subadhra expired in 1973 when Sh. R.B. Datar alongwith the plaintiffs shifted back to the disputed property. It is submitted that it was only Sh. R.B. Datar who was managing the said property. Mr. R.B. Datar then acquired an accommodation at B -86, Niti Bagh, New Delhi. The disputed property was let out to M/s. Vikas Publishing House on 25th November, 1988 and the rent was being paid by accounts payee cheques in the names of defendants No. 3, 4 and 5 (other sons and daughter of Mr. B.N. Datar) in terms of the family arrangements. Even after the demise of Sh. R.B. Datar in March, 1991 when the defendants No. 3 to 5 shifted from New Delhi to Bangalore, they continued to received rental proceeds from the disputed property. It was alleged that on the pretext of partitioning the property, defendant No. 1 Sh. H.B. Datar took all the documents pertaining to the disputed property in order to comply with the legal formalities.