IMPORTANT POINT
Partition Suit – At the time of passing of preliminary decree declaring rights of several parties interested in property, Court may give such further directions as may be required.

JUDGMENT

Rajesh Bindal, J.

Leave granted.

2. The present appeals arise out of a suit for partition¹[ Civil Suit No. 4406 of 2005] filed by the appellant for partition of the property jointly owned at that time by the appellant-plaintiff and respondents-defendant Nos.1 to 9. Defendant Nos.10 to 14 were impleaded in the suit as they were stated to be tenants on the part of the property. During the pendency of the suit before the Trial Court²[Civil Judge (Junior Division), U.T. Chandigarh] respondent-defendant No.3, Bhupinder Singh, having sold his share to S.C. Bhalla, he was impleaded as defendant No.3(a). Further, defendant Nos.6 to 9 having sold their shares to the subsequent buyers, who were impleaded as defendant Nos.15 to 19.

3. After the amendments were carried out in the plaint, considering the subsequent events and impleadment of subsequent buyers, the final prayer was for partition of the suit property by metes and bounds and in case not possible, sale thereof by open auction and distribution of the sale proceeds amongst the co-sharers. Prayer was also made for directing the defendant Nos. 3 to 9 to furnish accounts of rent collected by them from tenants and a direction to the tenants (defendant Nos.10 to 14) to deposit the rent in the court. Further, the plaintiff sought direction against defendant No.3-Bhupinder Singh to pay mesne profit at the rate of Rs. 150/- per square ft. per month for the area under his occupation. The present litigation is at the stage of passing of preliminary decree. The percentage of shares of the plaintiff and the defendants originally impleaded in the suit, to which no dispute has been raised by the parties before this Court, have been noticed by the High Court³[High Court of Punjab and Haryana at Chandigarh] in the impugned judgment dated 05.04.2018⁴[Passed in RSA No. 6076 of 2015]. The same is extracted below:

4. The aforesaid position was before the sale of their respective shares by defendant No.3-Bhupinder Singh to defendant No.3(a)-S.C. Bhalla and by defendant Nos.6 to 9 to defendant Nos.15 to 19. Preliminary decree for partition of the suit property to the extent of 25% share was passed by the Trial Court on 10.10.2012 in favour of the plaintiff. As the property could not be partitioned on account of legal bar under the Chandigarh (Sale of Sites and Buildings) Rules, 1960⁵ [Hereinafter referred to as the 1960 Rules], the same was directed to be auctioned. The preliminary decree was also passed for rendition of accounts against the defendants wherein all the co-sharers of the suit property were directed to render accounts. Defendant Nos.4 & 5 having inducted tenants in some portion of the suit property in their possession were directed to submit the accounts of rent collected by them. The market rate of the rent of the portions in possession of defendant no.3(a)-S.C. Bhalla and defendant Nos.15 to 19 were to be determined while passing the final decree. Defendant No.3(a) having stepped into the shoes of defendant No.3, defendant Nos.4 & 5, and defendant Nos.15 to 19, having stepped into the shoes of defendant Nos.6 to 9, were restrained from creating charge or encumbrances on the suit property.

5. Challenging the aforesaid preliminary decree passed by the Trial Court, two appeals were filed. Civil Appeal No. 857 of 2012 was filed by defendant No.3(a), and Civil Appeal No. 850 of