PRADEEP KUMAR SARAFF Vs. BINA DEVI SARAF

JUDGEMENT

(1.) The Court : The plaintiff in the partition suit has filed this application pray for, inter alia, an order directing the defendant no.2 to furnish full accounts of rent issues and profit collected by him from all the Schedule properties since the year 1984 till the appointment of the special officer.

(2.) The suit properties involved in the partition suit are described in Schedule 'A', 'B', 'C', 'D', 'E' & 'F'. The properties described in Schedule 'A','B','C'&'D' are the immovable properties. In the present application it is the specific case of the plaintiff/petitioner that in spite of the direction passed by an order dated July 29, 2015 in G.A. No. 50 of 2010 the defendant no.3 who has collected the rent and other charges from the occupiers of the building described in Schedule 'B' to the plaint has also not filed the accounts before this Court. The partition suit was filed in the year 2010 and according to the plaintiff until the order of appointment of the special officer in respect of the properties described in Schedule 'A', 'B', 'C' and 'D' by the order dated January 28, 2010 the defendant no.2 collected the rents and other charges from the occupiers of the building described in Schedule 'B' to the plaint. The defendant no.2 who has disclosed the accounts with regard to the rent and occupation charges collected by him from the occupiers of the Schedule 'C' property. The other parties to the suit who had been collecting rents and occupation charges from the occupiers of the properties described in Schedule 'A' has already filed their accounts in terms of the order dated July 29, 2015.

(3.) In paragraph 6 of his affidavit-in-opposition, the defendant no.2 has admitted that he used to collect rent from the occupiers of the property described in Schedule 'B' to the plaint but he claims to have done so on the basis of a power of attorney granted in his favour by Gopi Kishan Saraff, the original defendant no.1 who has since died. It is the further case of the defendant no.2 that all the rents he had collected from the occupiers of the immovable property described in Schedule 'B' to the plaint were deposited with the estate of Kasi Prasad Saraff and were accounted in the income tax return filed on behalf of the estate of the said Kasi Prasad Saraff.