PRAHLAD DALMIA HUF Vs. SATNARAIN DALMIA HUF

JUDGEMENT

(1.) This is an application under Order 40, Rule 1 for the appointment of a Receiver in respect of the suit property which is stated to be a four storeyed building consisting of shops and godowns on the ground floor and rooms above, built on Plot No. 123, bearing Municipal Nos-4099, 4159 and 4099/1, Ward No. Ill, situated at Burn Baston Road, Naya Bazar, Delhi. In the suit it is prayed for partition of the property and for rendition of accounts. The suit was filed in 1986 and this application was filed one year later and which has been pending for over 12 years. Vol. LXXXII PRAHLAD RAI DALMIA HUF v. SAT NARAIN DALMIA 179

(2.) Learned Counsel for the plaintiff/applicant submits that the property is jointly owned by the parties, and that they have l/3rd share therein. It is averred that plaintiffs came to know that the defendant No. 2, Sat Narain Dalmia and defendant No. 7, Seth 0m Prakash Dalmia in order to deprive the plaintiffs of the income of the second and third floors have collusively and fictitiously executed some documents in favour of their own sons and wives and friends without the consent of the plaintiffs and further they have given these properties on licence basis on huge licence fees. Reliance is also placed on the Local Commissioner's report which has detailed that about 10 rooms have been let out. On the strength of a Division Bench Judgment of the Patna High Court reported as Kamal Chaudhary & Anr. v. Rajendra Chaudliary & Ors., AIR 1976 Patna 366 the argument was advanced that since the plaintiffs are not being allowed the share in the huge profits earned by the defendants, a receiver ought to be appointed in respect of the suit property.

(3.) On behalf of defendants 1 to 5 it was submitted that the suit property belongs to the partnership and hence the suit is not maintainable. It is further submitted that partners had given their consent to the letting. Learned Counsel for the defendants drew my attention to the rent note dated 23.7.1964 which has been signed by Shri Prahlad Rai Dalmia, father of the applicant and in which they are styled as partners. An affidavit dated 21.2.1986 sworn by the applicant which contains schedules showing rental receipts from the Delhi property has also been emphasised with the purpose of stressing that the rentals were paid and received in respect of the property in suit with the consent of the applicant.