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2014 Supreme(Del) 590
High Court of Delhi
THE HONOURABLE MR. JUSTICE PRADEEP NANDRAJOG & THE HONOURABLE MR. JUSTICE JAYANT NATH
Amit Johri
Versus
Deepak Johri & Others
RFA (OS) No. 23 of 2013
Decided On : 24-02-2014
For the Petitioner:Rajiv K. Garg, Ashish Garg, Advocates.
For the Respondents:R1, R7, R8 & R9, S. Shantanu, R11 & R12, Sanjeev Sindhwani, Sr.Advocate instructed by Shalini Kapoor, Promil Seth, Kriti Arora, Advocates.
Headnote:
Ancestral Property - Property Inheritance - Hindu Succession Act, 1956 - Section 8, Section 6 - The court discussed the ancestral character of the property and the inheritance rights under the Hindu Succession Act, 1956. It highlighted the legal provisions of Section 8 and Section 6 and their interpretation in determining the ancestral nature of the property and the inheritance rights of the parties involved.
Fact of the Case:
The plaintiff sought declaration, partition, and possession of a share in ancestral property inherited from his great grandfather. The defendants contested the plaintiff's right to challenge the sale of the property.
Finding of the Court:
The court found that the property inherited by the plaintiff's father did not retain its ancestral character and was treated as his personal self-acquired property. The court rejected the plaintiff's claim based on the pleadings and lack of evidence supporting the ancestral nature of the property.
Issues: The main issue was the ancestral character of the property and the plaintiff's inheritance rights under the Hindu Succession Act, 1956.
Ratio Decidendi: The court relied on the legal provisions of the Hindu Succession Act, 1956, particularly Section 8, and interpreted the inheritance rights of the parties based on the pleadings and evidence presented.
Final Decision: The court dismissed the plaintiff's appeal, upholding the rejection of the plaintiff's claim based on the lack of evidence supporting the ancestral nature of the property and the inheritance rights under the Hindu Succession Act, 1956.
Pradeep Nandrajog, J.
1. The appellant Amit Johri son of respondent No.1 K.K.Johri is the plaintiff of CS(OS) No.818/2011. He sought declaration, partition, and possession of 1/6th share in property No.1112, Chhata Madan, Gopal Maliwara, Delhi-110006. Alternatively he prayed for a decree in sum of Rs.50,00,000/- (Rupees Fifty Lacs only).
2. To understand his claim we reproduce averments made by him in para 2 to 9 of the plaint. They read as under:-
“2. For the convenience of the Hon?ble Court and to appreciate the controversy between the parties, the plaintiff herein set out the family chart:
LAXMI NARAIN
…..…………………………………………………………………………………...
K.K.JOHRI P.P.JOHRI BALDEV PD.JOHRI
(son) (son) WIFE & (son)
DEEPAK JOHRI RUPAK JOHRI 4 DAUGHTERS 2 DAUGHTERS & ONE SON
(Def.No.1) (DECEASED- (DEF. NO.2-6) (DEF. No.7 to 9)
NO HEIRS)
AMIT JOHRI
(PLAINTIFF)
3. From the above pedigree, it is clear that plaintiff herein is the great grandson of the Late Shri LAXMI NARAIN JOHRI, the grandson of K.K.JOHRI and the son of the defendant no.1 (Mr.Deepak Johri) and defendant no.10 (Ms.Kumkum Johri) having born out of the wedlock of Defendant no.1 and defendant no.10. Late Shri Laxmi Narain Johri owned a house bearing, House No.1112, CHHATA MADAN GOPAL, MALIWARA, CHANDANI CHOWK which upon his demised was inherited by his three sons namely, Shri K.K.Johri and Baldev Parsad Johri in equal shares.
4. Shri K.K.Johri had two sons namely, Deepak Johri (Defendant No.1) and Late Shri Rupak Johri. Shri Rupak Johri died intestate and issueless. Shri Deepak Johri got married to Ms.Kumkum Johri (defendant no.10) on 4.12.1980. Out of their wedlock, the plaintiff herein namely, Amit Johri was born on 02-11-1981. On account of temperamental differences disputes arose between Shri Deepak Johri, Defendant no.1 and Ms.Kumkum Johri, Defendant no.10 which resulted in decree of divorce between the two. The said decree of divorce became final having confirmed by the Hon?ble Apex Courtvide its order dated 27-09-2010.
5. Being the son of SHRI K.K.JOHRI, the defendant no.1 inherited undivided 1/3rd share defendants Nos.2 to 6, inherited undivided 1/3rd share being heirs of Shri P.P.Johri and Defendant no.7 to 9 inherited remaining 1/3rd share in the aforesaid property, namely, being 1112, CHATTA MADAN, GOPAL MALIWARA DELHI-110006 in equal share.
6. That the defendant no.10 is the mother of the plaintiff and the ex-wife of defendant no.1 who by way of a mutual consent decree for divorce dated 27.09.2010 has dissolved all relationship with the defendant no.1 as aforesaid.
7. The marriage between the parents of the plaintiff was solemnized on 4.12.1980 at New Delhi as per the Hindu Rights. Soon after the marriage the defendant no.10 accompanied defendant no.1 to their matrimonial residence being 1112, CHATTA MADAN, GOPAL MALIWARA DELHI-110006, where they along with other family members were residing. On 02.11.1981 the defendant no.10 was blessed with a male child (plaintiff) out of the aforesaid wedlock.
8. That the plaintiff states that he being the son of defendant no.1 got by birth the right in the aforesaid ancestral property. It is undisputed that the aforesaid house belonged to the great grandfather of the plaintiff and was inherited by him from his father thus upon his birth he was entitled to half the share in the 1/3rd share of Defendant no.1.
9. That the plaintiff submits that he has unbridled right to inherit half of the 1/3rd share in the aforesaid property which defendant No.1 has ultimately inherited from Late Shri Laxmi Narain Johri, like the other defendants. However, the defendant no.1 kept assuring the plaintiff that he shall provide the plaintiff his part of the share as and when the same aforesaid property is divided among all the heirs but the same was proved to be false, assurance.”
3. He pleaded thereafter that treating as if K.K.Johri, P.P.Johri and Baldev Prasad Johri were the owners of the property, their chi
