Reva Khetrapal, J.

1. The aforementioned suit for partition and rendition of accounts has been filed by the plaintiff praying for partition of HUF immovable properties, viz., B-13, Nizamuddin East comprising of a plot of 200 sq. yards along with two storeyed super-structure and B-22, East of Kailash, New Delhi comprising of a plot of 211 sq. yards along with two and a half storeyed super-structure.

FACTS

2. The facts as delineated in the plaint are that one Prof. Parman Singh, who was a ‘displaced person’ from Pakistan, had come to India leaving behind vast joint Hindu family immovable properties. Prof. Parman Singh was the only surviving child of his father Lala Behari Mal, who was a businessman and had 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., the defendant Nos.1 and 2) and grand sons (i.e., the plaintiff, the defendant No.3 and the defendant No.4). The widow of Prof. Parman Singh, namely, Smt. Balwant Kaur also expired on 16.06.1991 leaving behind the aforesaid persons and the aforementioned properties, viz., B-13, Nizamuddin East and B-22, East of Kailash, New Delhi.

3. It is asserted in the plaint that late Prof. Parman Singh after coming from Pakistan had applied for the allotment of a house under the Scheme for displaced persons under the Displaced Persons Act, to the Ministry of Rehabilitation, Government of India. By a letter dated 26.02.1950, late Prof. Parman Singh was informed by the Ministry of Rehabilitation, Government of India with reference to his aforesaid application that several houses for displaced persons were under construction and were likely to be completed by June, 1950. By another letter dated 12.03.1950, late Prof. Parman Singh was requested to deposit a sum of Rs. 5,000/- towards the allotment of the house applied for by him. Thereafter, by letter dated 25.05.1950, the Ministry of Rehabilitation, Government of India informed late Prof. Parman Singh that one double room house in Nizamuddin Extension (now known as Nizamuddin East) had been decided to be allotted to him, the possession whereof would be handed over to him when it was ready.

4. By another letter dated 23rd October 1953, late Prof. Parman Singh was informed that the final figure of the actual cost of the house was Rs. 5,946/- and since Rs. 5,000/- was already paid by him, the balance of Rs. 946/- was to be paid. According to the plaintiff, since Prof. Parman Singh had brought with him movable properties in the form of cash and jewellery from Pakistan, which belonged to the HUF and were given to him by his father etc., he paid Rs. 5,000/- to the Ministry of Rehabilitation by depositing the same in the Treasury and also paid Rs. 946/- from the same. Hence, the property allotted to him at Nizamuddin was HUF property and continues to be so even today.

5. In 1960, Prof. Parman Singh applied to the MCD for sanction to carry out construction in the said premises. Right from the beginning, he had been keeping tenants in the said property and had been receiving rent. Using this amount, he built extra and additional structures on the property. After his death in 1975, his widow, Smt. Balwant Kaur continued to stay there and receive rents and had her bank account, including a joint account with the defendant No.1 used for depositing HUF rents and withdrawing the same. All HUF moneys were being handled by the defendant No.1. The defendant No.2 Hari Singh (brother of the defendant No.1) had left India somewhere in the late sixties and never returned to India thereafter.

6. The plaintiff further alleges that the defendant No.1 – father of the plaintiff, making use of the HUF rents from the Nizamuddin property purchased a plot at B-22, East of Kailash, New Delhi and constructed a super-structure thereon. The nucleus of the said property came from HUF money and thus the said property is also HUF property. In the aforesaid property, the plaintiff i