BHARAT RAM Vs. GITA RAM

JUDGEMENT

(1.) The defendants are in appeal against the judgment and decree dated 8.8.1995 passed by learned District Judge, Shimla in Civil Appeal No. 90-S/13 of 1993 confirming the judgment and decree dated 18.6.1993 passed by learned Sub Judge 1st Class, Shimla in Civil Suit No. 60/1 of 1988. The parties are referred in the same manner as were in the trial Court.

(2.) The facts, in brief, are that the plaintiffs and defendants are the sons and daughter of Sukh Ram. The plaintiffs filed suit for partition of property detailed in Schedule-I to the plaint, rendition of accounts, permanent prohibitory injunction restraining defendants from transferring, alienating, changing the nature of the suit property.

(3.) The further facts, as pleaded in the plaint, are that plaintiffs and defendants are members of Joint Hindu Family and the suit property is owned by plaintiffs and defendants. The house existing on Khasra No. 44 is in possession of defendant No. 1 which was constructed by the predecessor-in-interest of the parties. Defendant No. 1 had let out the said house in parts to many persons and he had been receiving rent from those tenants. Defendant No. 1 has also sold land measuring 8 Biswas to Lila Dutt from the joint property without the consent of the plaintiffs and the plaintiffs apprehend that in this way the entire family property would be wasted. Defendant No. 1 has not accounted for the rent received by him, therefore, the plaintiffs filed the suit.