INDER SAIN Vs. TIKA RAM

JUDGEMENT

(1.) THIS common judgment will dispose of the above mentioned three appeals which have been preferred against judgment and decree dated 19.9.1983 passed by the Additional District Judge, Jind (hereinafter described as 'the first appellate Court').

(2.) INDER Sain, Sadhu Ram and Sat Narain, plaintiffs, had filed a suit for declaration against their father -Tika Ram and brother -Ram Kishan, to the effect that the shop which was described in paragraph 2(a) of the plaint was owned by Joint Hindu family consisting of themselves and the defendants. They further sought a decree of partition of the aforesaid shop and other properties including joint Hindu family trading firm - M/s Tika Ram Nand Kishore, which was previously known as M/s Sadhu Ram Nand Kishore. A decree of rendition of accounts of the said firm was also prayed for. The properties owned by the joint Hindu family were also detailed in the plaint. The firm was stated to be engaged in the business of selling cloth in the shop in question and the business was in existence since 1966. Tika Ram was pleaded to be Karta of the family, but because of his old age, Ram Kishan -defendant No. 1 was stated to be functioning as karta. The shop in question was alleged to have been purchased by the joint family funds from other business interests and even though, it ought to have been purchased in the name of Tika Ram, but was not done so and was purchased in the name of Ram Kishan, who was working as karta of the family. It was alleged that this fact was concealed from the plaintiffs for a number of years and since, Ram Kishan was in exclusive possession of the shop in dispute, they prayed for partition thereof along with other properties of the joint Hindu family along with rendition of accounts of the firm -M/s Tika Ram Nand Kishore.

(3.) A number of issues were framed and the parties led their respective evidence.