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2004 Supreme(Del) 1000

VIKRAMAJIT SEN
RAMESH CHAND – Appellant
Versus
SHRI TEK CHAND – Respondent


Advocates Appeared:
N.L.Gupta, R.K.JAIN, RAJIV TYAGI, RAVI VERMA, Valmiki Mehta

VIKRAMAJIT SEN, J.

( 1 ) SUCCINCTLY stated, the case of the Plaintiff is that the suit property bearing Municipal No. 15-C, Vijay nagar, Delhi is joint Hindu family (HUF) property, having been acquired/adjusted against the value of properties left behind in Pakistan, as a consequence of the partition. For this purpose reliance has been placed on a letter dated 8. 12. 1958 addressed by the father of the plaintiff and Defendant No. 1, namely, Late Shri Gosain lachman Gir to the Settlement Commissioner, New Delhi in which he has inter alia stated that - " the amount, equal to the value of House No. 15-C, Vijay Nagar, Delhi-9 under occupation of my son Shri Tek Chand, may kindly be transferred in his name enabling him to purchase that house". The Plaintiff asserts that being HUF property it is of little consequence that it stands in the exclusive name of his brother, Shri Tek Chand (Defendant no. 1), and the Defendant is entitled to enforce his share thereto.

( 2 ) DEFENDANT No. 1 is the only brother of the plaintiff and Defendants No. 2 and 3 are their sisters, all the siblings being the children of the said Late Shri lachman and Late Smt. Bhagwanti. The sisters claim no rights in the












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