S. Ravindra Bhat, J.

1. This is an unsuccessful plaintiff’s appeal directed against the dismissal of his partition suit by a judgment and decree - of 9th July, 2012 - of a learned single judge of this Court in CS (OS) 374/1993. The suit had sought partition of two immovable properties, viz., B-13, Nizamuddin East (a 200 sq. yard plot with a two storeyed super-structure) and B- 22, East of Kailash, New Delhi (a 211 sq. yards plot along with two and a half storeyed super-structure). The said properties are hereafter collectively referred to as “suit properties” and individually, as “Nizamuddin plot” and “East of Kailash plot”.

2. Prof. Parman Singh, a “displaced person” from Pakistan, came to India leaving behind considerable Joint Hindu family immovable properties. He was the only surviving child of his father Lala Behari Mal, a businessman with extensive properties in Rawalpindi (Pakistan). Prof. Parman Singh expired in Delhi on 17.09.1975. He was survived by his widow and two sons (i.e., Mehtab Singh, the first defendant and the second defendant) and grandsons (i.e., the plaintiff, the third and fourth defendants). Parman Singh’s widow, namely, Smt. Balwant Kaur too expired on 16.06.1991 leaving behind the said individuals and the suit properties. The plaintiff contended that his grandfather Prof. Parman Singh after coming from Pakistan applied for house allotment under the Displaced Persons (Rehabilitation and Compensation) Act, 1954 (“the Rehabilitation Act”) to the Central Government. By a letter dated 26.02.1950, Prof. Parman Singh was informed by the Rehabilitation Ministry, Central Government (with reference to his application) that several houses for displaced persons were under construction and were likely to be completed by June, 1950. By a letter dated 12.03.1950, he was requested to deposit a sum of Rs. 5,000/- towards the allotment of the house applied for by him. Thereafter, by another letter dated 25.05.1950, the Ministry informed Parman Singh that a double room house in Nizamuddin East was to be allotted to him and that he was to be given possession of it when it was ready. Through another letter of 23-10-1953, Parman Singh was informed about the final cost of the house, i.e. Rs. 5,946/- and since Rs. 5,000/- had been paid by him, the balance of Rs. 946/- was to be paid. The plaintiff alleged that as Parman Singh had brought movable properties such as cash and jewellery from Pakistan (which allegedly belonged to the HUF and were given to him by his father), he paid Rs. 5,000/- to the Rehabilitation Ministry and deposited the balance in the Treasury; after which he also paid Rs. 946/- from the same. The Nizamuddin plot was accordingly allotted to him. Accordingly, it is HUF property and continues to be so.

3. The plaintiff also alleged that in 1960 Parman Singh applied to the MCD for sanction to construct on the plot; he used to rent that property and had received rent. With those amounts, he built additional floors on the property. After his demise in 1975, his widow, Smt. Balwant Kaur continued to stay in those premises and receive rents which used to be deposited in a bank account jointly held with the first defendant. All HUF moneys were allegedly handled by the first defendant. The second defendant Hari Singh (brother of the first defendant) left India sometime in the late sixties and never returned to India thereafter. It was also alleged that by using the Nizamuddin rentals, the first defendant purchased the East of Kailash plot. Thus, the nucleus for payment of consideration of that property came out of HUF funds. The plaintiff resides on the ground floor, the third defendant resides on the first floor and the first defendant with his wife (i.e the plaintiff’s mother, fifth defendant) resides in one bed room on the ground floor of the said house. The fourth defendant resides in the ground floor of Nizamuddin house. The first floor of the Nizamuddin house is let out on rent for the last many