T ASHOK SURANA Vs. T SURESH SURANA

JUDGEMENT

(1.) The present Original Side Appeal has been filed by defendants 1 and 3 in the suit aggrieved by the preliminary decree of partition passed by the learned single Judge in C.S.No.83 of 2011, dated 24.02.2017.

(2.) The short facts that are necessary to decide this appeal are ; the parties to the suit in C.S.No.83 of 2001 are the sons of late G.Tejmull Surana. The first respondent in this appeal as plaintiff filed the suit claiming for the relief of partition and to allot 1/4th share in the suit schedule properties. The case of the plaintiff is that the "A" schedule property belongs to the father of the plaintiff and defendants. That apart there are HUF incomes, rental income, investment in shares, sundry debtors, cash in hand and bank which was described as schedule "B" to the plaint. Apart from that, the plaint also consist of schedule "C" which deals with certain other movable properties. It is the case of the plaintiff that after the demise of their father and mother, each of the brothers are entitled to 1/4th share in the suit properties and since his brothers were not co-operating to mutually partition the properties, the present suit was filed claiming the relief of partition.

(3.) The contesting defendants 1 and 3 filed a written statement wherein they did not deny the relationship between the parties and they also did not deny the fact that each of the brother is entitled to 1/4th share in the suit properties. The only effective defence that was taken by the appellants as defendants is that there are certain gold and silver articles that belongs to the HUF and their mother, which has not been brought within the preview of the suit and therefore the suit is bad on the ground of partial partition.