SUNITA AGGARWAL Vs. TEJ RAM AGGARWAL & ORS

JUDGEMENT

(1.) The Plaintiffs Mrs. Sunita Aggarwal and Mrs. Anju Aggarwal, both daughters of Shri Tej Ram Aggarwal have filed the present suit seeking declaration/cancellation, partition and injunction against their father, Shri Tej Ram Aggarwal (Defendant No. 1), mother Smt. Pushpa Devi (Defendant No. 2) as also their four brothers Shri Ravi Shankar Aggarwal, Shri Vijay Shankar Aggarwal, Shri Shiv Shankar Aggarwal and Shri Prem Shankar Aggarwal who are Defendant Nos. 3 to 6, and a third party purchaser of one of the properties, Smt. Bimla Kumari -Defendant No. 7.

(2.) The case of the Plaintiffs is that the Plaintiffs, together with their parents and brothers constitute a Hindu Undivided Family which has various assets, which are detailed in the plaint as under:-

(3.) The Plaintiff's case is that the entire family was living in A-12 Lawrence Road, Delhi. The Plaintiffs were married in the 1980s. Though the properties were purchased in the name of the father, mother and brothers, they were meant for the enjoyment and benefit for the entire family. It is their case that sometime after the enactment of the Hindu Succession (Amendment) Act, 2005, it was agreed between the parties that all the properties form part of the common hotchpotch.