VIJAY NAHAR Vs. ANIL NAHAR

JUDGEMENT

(1.) This is a Suit for Partition by way of declaring the Plaintiff's one half share in the Suit properties, which are listed out as Schedule 'A', being consisting of three Items of immovable properties and Schedule 'B' consisting of 1 Item of immovable property at Jodhpur, Rajasthan and shares in the name of Late D.C. Nahar in M/s. Transworld Export Private Limited as on 11/1/2000 and Death Insurance claim with LIC.

(2.) The Plaint in a nutshell:

(3.) According to the Plaintiffs, the property was purchased substantially under Sale Deed, dtd. 12/9/1973 comprising an extent of 10 grounds in 2320 sq.fts. of land with built up area of 7000 sq.ft. and subsequently in 1976, when 3 grounds and 1760 sq.ft of adjoining the property also purchased. According to the Plaintiff, though the property was purchased in the name of the 2nd Defendant, the 2nd Defendant is only a business of the family, consisting of the Plaintiff, the 1st Defendant and his father late D.C. Nahar. The Plaintiff further States that his father late D.C. Nahar retired from Directorship of the 2nd Defendant-Company on 4/12/1977 and prior to the same, the 1st Defendant was appointed as Director on 12/10/1977. The property, which was purchased in the name of the Company was dealt with only by late D.C. Nahar as Karta of a Joint Family consisting of himself, the Plaintiff and the 1st Defendant and there was no occasion for the Plaintiff to seek Partition since his father was alive and relationship was cordial. In fact, the First Item of Schedule A was let out on a very low rent to subsidiary Companies, wherein Family Members had interest, because the 2nd Defendant-Company was only a family concern.