A.K. Pathak, J.

1. By this judgment aforementioned suit as well as testamentary petition are disposed of together since the disputes involved therein are between the members of same family, inasmuch as, property involved therein is same, that is, House No. A-315, Defence Colony, New Delhi – 110003.

2. Plaintiff is daughter-in-law of defendant no.1. Defendant no.1 is wife of Late Shri Ajodhia Nath Monga. She died during the pendency of suit on 8th April, 1983. Defendant no.2 is brother-in-law (husband’s brother) of plaintiff.

3. The pedigree table of the family, as emerges from the record, is as under:-

Late Ajodhia Nath Monga

and

Late Mrs. Ramlubhai

(Defendant no. 1)

Late Janki Nath Monga Kishori Lal Monga

And (Defendant no. 2)

Mrs. Vimla Mong and

(Plaintiff) Mrs. K.L. Monga

Kamal Manu Raman Aman Suman

4. Plaintiff has alleged in the plaint that Late Shri Ajodhia Nath Monga and his two sons, namely, Late Shri J.N. Monga (husband of the plaintiff) and defendant no. 2 were members of Hindu Undivided Family (HUF). Pre-partition of the country they were living and carrying on business together in Lahore. Shri Ajodhia Nath Monga was the Karta of HUF. Plaintiff was married to Late Shri J.N. Monga on 23rd April, 1947 at Lahore. Thereafter, she also became member of the joint family. Plaintiff gave her assets also in the HUF pool. After partition of the country members of HUF finally settled in Delhi. They occupied Flat No.15, Khan Market, New Delhi on rent from 1951 onwards. Thereafter, the said flat was purchased in the year 1961. On 24th January, 1961, Shri Ajodhia Nath Monga wrote a letter to Settlement Commission, Jam Nagar House, New Delhi that claim of his sons may also be adjusted towards the cost of Khan Market flat. In the year 1961 flat at Khan Market was sold by Shri Ajodhia Nath Monga to his mother-in-law, namely, Smt. Malin Devi for Rs. 32,000/-. Defence Colony house was purchased by the HUF in the name of defendant no. 1 on 6th March, 1961 for Rs.35,000/-. HUF was also carrying on business in the name of “Auto Bakery” from Defence Colony, New Delhi and was also having share in the “Standard Screw Factory”.

5. After the death of Shri J.N. Monga, the parties to the HUF held discussion and agreed to a family settlement and executed an agreement on 24th June, 1974, in relation to “Auto Bakery” business, “Standard Screw Factory” business and House No. A-315, Defence Colony, New Delhi. The agreement was signed by the Karta-Shri Ajodhia Nath Monga, defendant no.1, defendant no.2 and the plaintiff.

6. Plaintiff has alleged that the family arrangement is binding on the parties, inasmuch as, parties did act upon the same after its execution. In respect of “Auto Bakery” business, a partnership deed was executed on 3rd March, 1975, in terms of the family arrangement. Joint family owned and possessed considerable properties as detailed in the Schedule A attached to the plaint. Plaintiff was having more than 1/3rd share in all the properties. After the death of Shri Ajodhia Nath Monga defendants started threatening to dispossess the plaintiff from Defence Colony house and also from “Auto Bakery” business which business was being run by her. They also denied her share in the Standard Screw Factory. Plaintiff was in joint possession of Defence Colony house. She was in possession of the “Auto Bakery” business as she was managing and running the same. Thus, it has been prayed that joint family properties, as detailed in Schedule A, be partitioned by metes and bounds and plaintiff be put in actual physical possession of the properties coming to her share. She further prayed that defendants be directed to render full, accurate and detailed accounts of all the dealings of the “Standard Screw Factory” and all other business concerns of the HUF. It is further prayed that by way of perpetual injunction defendants be restrained from disturbing the plaintiff’s possession from the suit properties; Defendants be restrai