SANT RAM Vs. PARMANAND

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment dated 24th August, 1967, of the Subordinate Judge Ist Class, Amritsar, whereby the suit of the plaintiff--appellant (hereinafter to be called the appellant ) was dismissed in respect of properties in suit except one House No. 369 which was held to be the joint Hindu family property.

(2.) THE appellant, Shri Sant Ram, filed the suit, out of which the present appeal has arisen, against his father Shri Parma Nand, respondent No. 1, his brothers, respondents Nos. 2 and 3, Smt. Shakuntala, wife of his brother Ram Parkash (respondent No. 4) and one Shri Tilak Raj, Respondent No. 5, for declaration that the appellant and respondents Nos. 1, 2 and 3 constituted joint Hindu family with his father, respondent No. 1, as Karta or manager and that the properties as detailed in items Nos. 1 to 9 of the plaint were joint Hindu family properties. It was pleaded that some of these properties had been inherited from his grandfather and the others were the acquisitions from the joint family fund. It was averred that Shri Jawahri Mal, grandfather of the appellant, carried on business in Amritsar and at the time of his death left a considerable property comprising of shops, houses gold jewellery and cash amounting to one lakh rupees as well as agricultural land and houses in village Ibban Kalan, tehsil and district Amritsar. The joint Hindu family also carried on business as commission agents under various names and in partnership with various persons in Amritsar, from which considerable profit was accumulated. The appellant also worked in these business enterprises without any salary. Even taking to Government employment, a part of the salary was also used to be given by him to his father as Karta of the joint Hindu family. The business carried on by Smt. Shakuntala Devi, respondent No. 4 and Tilak Raj, respondent No. 5, was in fact benami and had been brought into existence from the income of the joint Hindu family.

(3.) IT is clear from the various averments in the plaint that the appellant has sought declaration in the present suit to the effect that all the properties enumerated in the heading of the plaint were joint Hindu family properties comprising of the appellant and respondents Nos. 1 to 3. Besides this, declaration has also been sought that admission or statement made by him previously in the earlier suit on 22nd Jan. , 1965, is not binding or him as the same had been obtained by fraud, undue influence and misrepresentation.