SHAKUNTALA DEVI Vs. KULBHUSHAN LAL

JUDGEMENT

(1.) THE suit was filed for the relief of partition of immovable and movable properties and for rendition of accounts. The three plaintiffs and the defendants 3 and 4 are the sisters and the defendants 1 and 2, their brothers. The parties had another brother, namely, Shri Sudarshan Lal who died a bachelor and issueless. Shri Prem Prakash Sharma, the son of the defendant No.2, claims that the said Shri Sudarshan Lal has left a Will in his favour. He had filed Probate Case No. 34/1988, i.e. before the institution of the present suit, in this court with respect to the said Will of Shri Sudarshan Lal. However, the plaintiffs did not implead the said Shri Prem Prakash Sharma as a party to the present suit though under the Will of Shri Sudarshan Lal set up by the said Shri Prem Prakash Sharma, the share in the properties of Shri Sudarshan Lal which the plaintiffs claimed to have devolved upon the parties to the suit because of the intestacy of the said Shri Sudarshan Lal, was bequeathed to the said Shri Prem Prakash Sharma. The said Shri Prem Prakash Sharma after the conclusion of the evidence in this suit, filed IA.No.7172/2005 for being impleaded as a party. It was the case of the said Shri Prem Prakash Sharma that since the plaintiffs were contesting the probate case filed by him, he had not earlier applied for impleadment; that the said probate case was vide judgment dated

(2.) ND March, 2005 decided in his favour; the plaintiff No.2 herein Smt Swaran Lata preferred FAO(OS) 103/2005 which had also been dismissed vide order dated 18th August, 2005. However, this court vide order dated 25th April, 2008 did not allow the said Shri Prem Prakash Sharma to be impleaded as a party, for the reason of the application having been filed belatedly, though he was allowed to intervene in the present case. In these circumstances the senior counsel for the said Shri Prem Prakash Sharma was also heard. 2. The case of the plaintiffs in the plaint is that the father of the parties, namely, Shri Bakshi Ram was prior to 1947 settled and living in Qila Sheikupura which fell in Pakistan; the said Shri Bakshi Ram had a Joint Hindu Family and was running business, of petrol pump and as a contractor and had several properties; Shri Bakshi Ram was the karta of the said Joint Hindu Family in the name and style of Bakshi Ram & Sons and was also carrying on businesses in the said name which was a Joint Hindu Family Firm; the said Shri Bakshi Ram upon coming to India lodged claims with the Ministry of Rehabilitation and in the applications submitted also it was stated that the same were on behalf of the Bakshi Ram & Sons, Joint Hindu Family, through Bakshi Ram Karta.

(3.) WHEREAFTER Shri Sudharshan Lal aforesaid is stated to have started acting as a karta of the family till his own death in 1987. The wife of Shri Bakshi Ram, namely, Smt Chanan Devi died on 3rd August, 1978.