SUBHASH CHANDRAKANT MASHRUWALA Vs. SURESH CHANDRAKANT MASHRUWALA

JUDGEMENT

(1.) Respondent No. 1 in this revision is the original plaintiff, who instituted Civil Suit No. 1716 of 1980, in the City Civil Court, at Ahmedabad, against respondents No. 2 to 6 and the petitioner, who is original defendant No. 5. The plaintiff filed the suit for partition and accounts in respect of immovable properties described in Schedule "A" to the plaint. The accounts of the properties alleged to have been Joint Hindu Family properties were also sought.

(2.) The plaintiff, inter alia, contended that, he is one of the members of the Joint Hindu Family and defendants No. 3, 4 and 5 are his brothers, and defendant No. 2 is his mother and the properties owned and possessed by original defendants No. 1 and 2 are Joint Hindu family properties acquired by defendant No. 1 from the Joint Hindu Family funds.

(3.) The plaintiff also, inter alia, contended that, his grandfather was carrying on the business iff the name and style of "M/s Mulchand Jaikishandas" and the said business of M/s Mulchand Jaikishandas was a joint family business, which was inherited by his father as well as uncle. It was further contended by the plaintiff that the properties which are, at present, owned and possessed by defendants No. 1 and 2 are, in fact, such immovable properties which are acquired out of the joint family business funds.