Smt. Poonam Chhabra vs Shri Madan Mohan Hasija
2011 Latest Caselaw 906 Del

         THE HIGH COURT OF DELHI AT NEW DELHI

%                    Judgment Pronounced on: 15.02.2011

+           CS(OS) No.1419/2005

SMT. POONAM CHHABRA                             .....Plaintiff

                            - versus -

SHRI MADAN MOHAN HASIJA                         .....Defendant

Advocates who appeared in this case:
For the Plaintiff:      Mr. K.N.Popli, Adv.

For the Defendant:            None.

CORAM:-
HON'BLE MR JUSTICE V.K. JAIN

1. Whether Reporters of local papers may                   No.
   be allowed to see the judgment?

2. To be referred to the Reporter or not?                   No.

3. Whether the judgment should be reported                  No.
   in Digest?

V.K. JAIN, J. (ORAL)

1. This is a suit for partition, rendition of accounts

and injunction. The plaintiff is the sister of the defendant,

both of them being the children of late Shri Ram Lal Hasija

and late Smt. Shanta Rani Hasija. It is alleged in the plaint

that the ground floor of residential property bearing

No.2/45, Geeta Colony, was purchased by the parents of

the parties in the name of their father late Shri Ram Lal

Hasija. The ground floor of property No.2/46, Geeta Colony,

was purchased by them in the name of her mother late Smt.

Shanta Rani Hasija. Property No.2/45 was occupied by the

parents of the parties, whereas property No.2/46 was

occupied by the defendant and his family. It is further

alleged that Shop No.150 at Banarsi Dass Building, Main

Market, Gandhi Nagar, Delhi, was also purchased by late

Shri Ram Lal Hasija in his own name, where he was

carrying business of whole sale and retail of Pan, Bidi,

Cigarrette, etc. under the name and style of M/s. Ram Pan

Store. It is also alleged that the parents of the parties had

jewellery weighing 55-60, tolas besides balance in the bank,

and had also given about Rs.10 lakhs on interest. It is also

claimed that the defendant has refused to give any share in

the properties of the parents to the plaintiff and has also

failed to render accounts of the income received by him from

the business of the father. The plaintiff has sought partition

of the property No.2/45, Geeta Colony, and Shop No.150, at

Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi.

She has also sought rendition of accounts in respect of the

business being carried in Shop No.150, at Banarsi Dass

Building, Main Market, Gandhi Nagar, Delhi. The plaintiff

has further sought an injunction restraining the defendant

from creating any third party interest in the aforesaid

property and from carrying any business in Shop No.150, at

Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi.

2. The defendant filed written statement contesting

the suit. He took preliminary objection that the suit

property is owned exclusively by him having been

purchased from his own earnings. It was also alleged that

the business in the shop was being carried by the defendant

since he was 11 years old.

3. The defendant was proceeded ex-parte vide order

dated 1.2.2011. In her affidavit by way of evidence, the

plaintiff has stated that the ground floor of the residential

property No.2/45, Geeta Colony was purchased by her

parents in the name of her father late Shri Ram Lal Hasija

and the same is shown in the site plan Ex.PW-1/1. She has

further stated that her parents were living in the aforesaid

property whereas the defendant was living in property

No.2/46, Geeta Colony with his family. She has also stated

that in his lifetime, late Shri Ram Lal Hasija had also

purchased Shop No.150, at Banarsi Dass Building, Main

Market, Gandhi Nagar, Delhi, which is shown in the red

colour in the site plain Ex.PW-1/2. She has stated that her

father and the defendant were carrying business of whole

sale and retail of Pan, Bidi, Cigarrette, etc. under the name

and style of M/s. Ram Pan Store, in partnership and after

the death of the father, her brother was rendering accounts

of the business to her mother and was paying half of the

income to her. However, after the death of the mother, he

failed to render any account of the aforesaid business to the

plaintiff. She has also stated that at the time of death, her

parents had huge bank balance and jewellery about 50-60

tolas and they had also given loan of Rs.10 lakhs to different

partners. Ex.PW-1/3 is the legal notice sent by the plaintiff

to the defendant vide postal receipt Ex.PW-1/4 and Ex.PW-

1/5.

4. The plaintiff, who is present in the Court, states

that she is pressing for partition only of property No.2/45,

Geeta Colony, and Shop No.150, at Banarsi Dass Building,

Main Market, Gandhi Nagar, Delhi besides seeking rendition

of accounts in respect of her share in the assets of

partnership firm and the profits earned by the defendant,

after the death of her mother from the business which he is

running in shop No.150, Banarsi Dass Building, Main

Market, Gandhi Nagar, Delhi. She further states that she

does not have proof of any bank balance nor does she has

any knowledge of the persons to whom money was given on

loan by her father. She is not pressing for any relief in

respect of the bank balance and the amount of Rs.10 lakhs

which her father had given on loan to various persons.

5. Since the defendant has chosen to remain absent

from the Court despite filing written statement, the

deposition of the plaintiff remains unchallenged and I see no

reason to disbelieve her statement on oath. Consequently, I

hold that late Shri Ram Lal Hasija, father of the parties, was

owner of House No.2/45, Geeta Colony and shop No.150,

Banarsi Dass Building, Main Market, Gandhi Nagar, Delhi,

and being one of the two children, the plaintiff has half

share in the aforesaid properties. The plaintiff is also

entitled to half share in the jewellery left by her mother late

Smt. Shanta Rani Hasija. The plaintiff would be entitled to

50% of the share of his father in the assets of the

partnership firm which the defendant was running along

with his father late Shri Ram Lal Hasija. She is also entitled

to 25% of the profit earned by the defendant from the

business being run by him in Shop No.150, Banarsi Dass

Building, Main Market, Gandhi Nagar, Delhi.

6. For the reasons given in the preceding paragraphs,

a preliminary decree for partition of the properties bearing

House No.2/45, Geeta Colony and shop No.150, Banarsi

Dass Building, Main Market, Gandhi Nagar, Delhi, the

jewellery left by late Smt. Shanta Rani Hasija and the assets

of the partnership firm which the defendant had formed

along with father, as on the date of the death of late Shri

Ram Lal Hasija is hereby passed in favour of the plaintiff

and against the defendant. A decree for rendition of

accounts of the profit earned by the defendant after the

death of his mother, from the business, which he is running

in shop No. 150 Banarsi Dass Building, Main Market,

Gandhi Nagar, Delhi is also passed, in favour of the

plaintiff.

7. Shri G.P. Thareja, Advocate is appointed as Local

Commissioner to suggest the appropriate mode of partition

of the abovereferred property. The fee of the Local

Commissioner is fixed initially at Rs.25,000/- which shall

be paid by the plaintiff. The decree sheet be drawn

accordingly.

(V.K. JAIN) JUDGE

FEBRUARY 15, 2011 'sn'