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2000 Supreme(Del) 141
High Court Of Delhi
GANENDER PAL SINGH - Appellant
Versus
MEHTAB SINGH - Respondent
Suit 374 of 1993
Decided On : 02/08/2000
Baldev Raj Chadha, Mala Goel, R.S.Suri
A son can ask for partition from the father during his lifetime, as established by the judgment of the Division Bench.
Headnote:
Partition - HUF Property - Son's Right to File Suit for Partition During Father's Lifetime - The court held that a son can ask for partition from the father during his lifetime, based on the judgment of the Hon^ble Division Bench of Court in Nanak Chand and Ors. v. Chander Kishore and Ors. The decision of the Division Bench binds the Court, and the preliminary issue is decided in favor of the plaintiff.
Fact of the Case:
The preliminary issue was whether a son can file a suit for partition of HUF property during the life-time of his father. The court relied on a judgment of the Hon^ble Division Bench of Court in Nanak Chand and Ors. v. Chander Kishore and Ors. to decide the issue in favor of the plaintiff.
Finding of the Court:
The court found that the suit for partition of HUF property by a son in his father's life-time is maintainable based on the judgment of the Division Bench.
Issues: The issue was whether a son can file a suit for partition of HUF property during the life-time of his father.
Ratio Decidendi: The court relied on the judgment of the Hon^ble Division Bench of Court in Nanak Chand and Ors. v. Chander Kishore and Ors. to establish the right of a son to ask for partition from the father during his lifetime.
Final Decision: The preliminary issue is decided in favor of the plaintiff, and the matter is adjourned to be listed on a later date.
"the other contention that came up for consideration was whether in the lifetime of the father, the sons could ask for partition or not. At one time a view was prevalent that in Delhi like Punjab they could not do so. It was based upon some custom, vide Hari Kishan v. Chadu Lal, AIR 1918 Lah. 291 (FB) and Sri Ram v. Collector, AIR 1942 Lah. 173. But since the decision of this Court of 26. 10. 1967 in Khushwant Rai v. Dr. Jagmohan Lal, RFA 1-D/59 and 24-D of 1959, it is now no more in controversy that the son can ask for partition from the father during his life-time. We do not, therefore, propose to dilate any more on this issue. "
( 2 ) THE aforesaid decision of the Division Bench of this Court binds this Court. Mr. Sun, the learned Counsel, appearing on behalf of defendants 1 and 3-5 very fairly states that this preliminary issue is covered by the aforesaid judgment of the Hon ble Division Bench of this Court.
( 3 ) IN this view of the matter, this preliminary issue is decided in favour of the plaintiff to the effect that in view of the aforesaid judgment of the Division Bench of this Court in Nanak Chand and Ors. v. Chander Kishore and Ors. (supra), the suit for partition of HUF property by a son in his father s life-time is maintainable. List this matter on 7. 3. 2000. IA 8625/98 in S. No. 374/93 On the request of the learned Counsel for the defendants, the matter is adjourned to 7. 3. 2000. Matter to be listed on 7. 3. 2000.
