T.SURESH SURANA Vs. T.ASHOK SURANA

JUDGEMENT

(1.) The suit is filed by the plaintiff praying for ? share in the schedule mentioned properties.

(2.) It is the case of the plaintiff that the suit "A" schedule property was purchased by the grand father of the plaintiff and the defendants, viz., Gadmull Sowcar, by a registered sale deed dated 31.12.1943. Later, the suit "A" schedule property fell to the share of Tejmull Surana, who is the father of the plaintiff and defendants, by way of release deed dated 20.11.1967 and thus, father of the plaintiff and defendants became the owner of the suit "A" schedule property and was in possession and enjoyment of the same. The said Tejmull Surana, died intestate on 16.07.2003 leaving behind the plaintiff, the defendants and his wife Smt.Jawari Kumari Surana.

(3.) The defendants 1 and 3 have filed their written statement contending that the plaintiff and the defendants have settled their share in respect of the suit "A" schedule property in favour of their mother by way of Settlement Deed and thereby, she became absolute owner of the suit "A" schedule property. According to the defendants 1 and 3, their mother had not divided either her belongings or the belongings of the Hindu Undivided Family (HUF) and all the jewels, gold and silver articles were kept in the safe and lock condition and the same were under the custody of the mother. After the death of the mother, the plaintiff had unauthorizedly kept the keys of the safe under his custody and he refused to give the key. Therefore, it is for the plaintiff to provide the true accounts and inventory of all the jewels, gold and silver articles taken from the suit premises. The defendants 1 and 3 also submits that at no point of time they have refused the right of the plaintiff's share in the suit property. Further, the plaintiff had filed the above suit within a period of one month from the date of death of their mother. The situation for partitioning the suit property did not arise as alleged by the plaintiff. Hence, they prayed for dismissal of the suit.