BHARGAV DILIP DHOLI Vs. CHANDRABALA P DHOLI

JUDGEMENT

(1.) The Plaintiff has sued for partition of the properties stated to be belonging to the Hindu Undivided Family (HUF) of which the Plaintiff claims to be the coparcener. The Plaintiff claims 1/20th share in the properties of the HUF shown in the list of assets annexed as Exhibit-A to the Plaint.

(2.) The relationship between the parties is admitted. The Plaintiff is the son of Defendant No.2 and the grandson of Defendant No.1 and one Premji Velji Dholi / Joshi (Premji). The Plaintiff is the great grandson of one Velji Ghiga Dholi / Joshi. Defendant Nos.3 and 4 are the Plaintiff' s uncles and the sons of Defendant No.1 and the said Premji. Defendant Nos.5 to 15 are the wives and children of Defendant Nos.2, 3 and 4. Defendant Nos.16, 17 and 18 are the 3 partnership firms in which the Plaintiff claims 1/20th share. The partnership of Defendant No.16 is the oldest partnership floated by the Plaintiff' s grandfather. The partnerships of Defendant Nos.17 and 18 were thereafter floated by the Plaintiff' s father and uncles during the subsistence of the first partnership. All the partners of the 3 partnerships have been family members inducted from time to time therein by Premji since the first induction of Defendant No.3, the eldest son of Premji on 26.10.1965, as shall be dealt with presently.

(3.) It is the case of the Plaintiff that his great grandfather owned an agricultural immovable property consisting of land and a house in village Bara, Taluka Abdasa, District Kutch in the State of Gujarat. After the death of his great grandfather, his grandfather Premji inherited that property. He sold the right, title and interest of his grandfather in the ancestral property to the cultivator who was cultivating the agricultural land, one Shamji Omarji Bhanushali. The Plaintiff has relied upon and produced as Exhibit-D in evidence of Mutation Entry No.66 in Form 6 certified by the Talathi of village Bara, Abdasa, showing the mortgage rights of the Plaintiff' s great grandfather Velghi Ghiga and the right of the aforesaid cultivator (who was the mortgagor) for the land under Survey No. 152. The entry showing the mortgage of the land is made on 11.2.1962. It is the Plaintiff' s case that from the proceeds of such sale the Plaintiff' s grandfather Premji came to Mumbai to start his business. The Plaintiff' s grandfather initially started his business as a partner in M/s.Shivdas Haridas & Company and later started his own partnership in the name of M/s.Premji Odhavji & Company. It is further the Plaintiff' s case that his grandfather, who was initially a partner with certain outsiders, got those partners retired from the firm and inducted his own sons and thereafter his wife as well as his grandsons and his daughters-in-law in the partnership firm of M/s.Premji Odhavji & Company. It is also the Plaintiff' s case that the sons of Premji being Defendant Nos.2, 3 and 4 herein, floated 2 other partnership firms in the names of Dilipkumar & Company and Dholi Brothers in which they took their own grandmother, their wives and their children as partners from time to time. It is, therefore, the Plaintiff' s case that from the nucleus of the HUF property being the ancestral property consisting of the ancestral land and house in which his great grandfather had right, title and interest consequent upon the mortgage created by the cultivator Bhanushali and later sold to Bhanushali, the initial partnership business was started by the Plaintiff' s grandfather. The Plaintiff' s grandfather made profits in the initial partnership business. After retiring therefrom, he started his own partnership firm. He admitted his sons as partners and continued therein until his death in 1991. From the profits of that firm made by his wife and sons, they floated other firms and made further profits.