2019 (9) TMI 1319

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....i, (b) K-25/2, Gali No.20, Gangotri Vihar, Ghonda, Delhi, (c) D-406/2, Gali No.20, Bhajanpura, Delhi, (d) D-408, Main Gamri Road, Ghonda, Delhi, and, (e) H-75/11, Gamri Road, Jain Prakash Nagar, Ghonda, Delhi. 3. The suit was entertained, though no ex parte relief sought granted. Pleadings have since been completed and the suit is ripe for framing of issues. 4. The counsel for the plaintiff has handed over proposed issues which are taken on record. 5. The counsel for the defendants no.1 and 2, though appearing, has not proposed any issues. 6. None appears for the other defendants. 7. The counsel for the plaintiff states that the other defendants are supporting the plaintiff. 8. I have perused the plaint to decipher the ....

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....umar, brothers of the plaintiff did not enjoy the faith of the father; (xi) the father of the plaintiff, had faith in the defendant no.1 being the third eldest son; (xii) the father of the plaintiff believed that the defendant no.1 will run the family business of the grocery store along with other brothers and shall not hit the rights of the others in future; (xiii) only for this reason, the father of the plaintiff purchased all the other four properties, in the name of defendant no.1 and/or defendant no.2; (xiv) all the said properties were purchased from the earnings of the family business of grocery stores at H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi; (xv) in purchase of the property No.D- 408, Main....

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....ng four properties are purchased from monies earned from the grocery store, what is there to show that the grocery store was a joint family business and / or that the plaintiff has a share in the property acquired from income thereof. 11. Law provides for title to the property, either by purchase / acquisition or as a member of a coparcenary / Joint Hindu Family. There is no plea in the present case of any coparcenary. In fact, the father of the plaintiff is stated to have died only on 29 th September, 2016 i.e. much after the coming into force of the Hindu Succession Act, 1956 and there is no plea even, of the father having constituted any coparcenary / Joint Hindu Family and / or the properties having been thrown into the hotch potch o....

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....is stated that the plaintiff runs a furniture shop in another property. 20. The same lets the cat out of the bag. 21. The counsel for the defendants no.1 and 2 states that it is the plea of the defendants no.1 and 2 that there was no such joint family business of a grocery store and it is the defendants no.1 and 2 who are running grocery store in their own name in their properties. 22. Thus, no case for putting the claim of the plaintiff for partition of any of the properties, save for property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi, is made out. 23. The suit for partition of all the other properties save property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar,....