The main legal point established in the judgment is the requirement for positive evidence of blending for a self-acquired property to be considered joint, and the necessity of proving the source of funds for property construction.

MANMOHAN SINGH , J.

1. Appellant Mrs.Kirpal Kaur has filed the present Regular First Appeal under Section 96 of the Code of Civil Procedure read with Section 10 of Delhi High Court Act against the judgment and decree dated 21st January, 2011 passed by the learned Single Judge of this Court in CS(OS) No. 2172/2003. The appellant who was the plaintiff had filed a suit seeking a decree for declaration and partition of the following properties:-

a) Agricultural land at Village Jahgirpur and at Village Patial.

b) Property bearing No.45, Sant Nagar, East of Kailash, New Delhi.

c) Property situated at Kothi No.56, Giani Zail Singh Nagar, Ropar.

2. She had also sought a share in the rent received from property No.45 Sant Nagar, East of Kailash, New Delhi and in the income generated from the agricultural land at village Jahgirpur and village Patial.

3. The appellant is the daughter-in-law of respondent No.1 being the widow of his late son Ripudaman Singh. The respondent No.2 is other son of respondent No.1 and respondents No.3 and 4 are his daughters. The pedigree tree of the family is as under:

4. The case of the appellant was that the respondent No.1 had two brothers named Prem Singh and Dayal Singh and one sister named Smt.Har Kaur. On the death of Dayal Singh his share in the ancestral property i.e. the agricultural lands is being used by his legal heirs, whereas the sister Har Kaur had relinquished her share in favour of the legal heirs of Dayal Singh. The remaining agricultural land is alleged to be jointly owned by respondent No.1 Ram Singh and his brother Prem Singh. In the year 1954, respondent No.1, out of the funds received from the agricultural land, purchased the plot bearing No.45, Sant Nagar, East of Kailash, New Delhi, on which he constructed two rooms and kitchen, bathroom etc. in the year 1957-1958. In the years 1980-1982, second phase of the property was constructed using money sent by the husband of the appellant who was working in Kuwait since the year 1978-1979 used to send money regularly to his parents. The first floor of the property was occupied by respondents No.1 and 2, whereas second floor was occupied by the appellant and basement and the ground floor were let out to the tenants from whom the rent is being received by respondent No.1. Appellant pleaded that the respondent No.1 had purchased the plot of Ripudaman Singh (deceased son) Ram Singh (R-1) Col.J.P. Singh (son/R-2) Satwant Kaur (Daughter/R-3) Rajinder Kaur (Daughter/R-4) land in Saini Farms in the name of the husband of the appellant. The plot was sold by the respondent No.1 who gave only Rs.1,82,000/-to her husband while the balance amount was distributed amongst respondents No.1 to 4 and the wife of respondent No.2.

5. The case of the respondent No.1 was that the property at Sant Nagar was his self-acquired property and that husband of the appellant had separated from him. Admitting that respondent No.1 has purchased a plot at Saini Enclave in the name of the husband of the appellant, it was pleaded that husband of the appellant sold the plot and appropriated Rs.6 lakhs.

6. It was pleaded by the respondent No.1 that plot bearing No.45, Sant Nagar, New Delhi, was purchased by him from out of his own funds in the year 1954 when the husband of the appellant was only seven years old. A building was constructed in two stages. During the first stage, the ground floor was constructed in the year 1957-1958 by the respondent No.1 using his own funds and the said fact was admitted by the appellant in the written statement filed by her in the suit instituted by respondent No.1 against her seeking possession of the second floor which he had permitted her to occupy. According to the respondent No.1, on his retirement from the Ministry of Defence in September 1980, he completed the construction of second phase on the said plot by using the retirement fund and the loans taken from relatives, friends and other financial institutions. Regarding the agricu