VALMIKI J. MEHTA, J.

1. Three matters are being decided in terms of the present judgment. The three matters are:-

(i) CS(OS) No.575/2001 titled as Paramjit Anand Vs. Sh. Mohan Lal Anand (Deceased) through LRs & Ors.

(ii) CS(OS) No.1588/2007 titled as Mohan Lal Anand (Deceased) through LRs & Anr. Vs. Paramjit Anand & Ors.

(iii) Test. Cas. No.23/2007 titled as Naresh Anand Vs. State.

2. (i) CS(OS) No.575/2001 is the suit for partition etc of the property bearing no. J-5/129, Rajouri Garden, New Delhi. This suit was filed by two plaintiffs Sh. Paramjeet Anand and Sh. Suresh Chander Anand. Sh. Suresh Chander Anand who was the plaintiff no.2 in the suit has during the pendency of the suit got transposed himself as the defendant no.4 in the suit and he now supports the defendant nos.1 and 2 in the suit. Defendant no.1 in this suit is Sh. Mohan Lal Anand, father of the plaintiff and defendant nos.2 to 4. Sh. Mohan Lal Anand has also since expired and now the main contesting defendant is Sh. Naresh Chander Anand, defendant no.2. Defendant no.3 is Sh. Ramesh Chander Anand, son of Sh. Mohan Lal Anand and the brother of the plaintiff and defendant nos. 2 and 4. Defendant no.3 supports the plaintiff.

(ii) As per the suit plaint of CS(OS) No. 575/2001, partition is sought of the suit property by pleading that though the suit property in terms of the title deed dated 12.10.1956 stands in the name of defendant no.1/Sh. Mohan Lal Anand (father of the other parties to the suit), but this suit property was purchased by Sh. Mohan Lal Anand from the funds inherited by him from his father Sh. Nathuram Anand, the grandfather of plaintiff and defendant nos. 2 to 4. Sh. Nathuram Anand had left behind the properties in Pakistan when he migrated to India at the time of independence. Sh. Nathuram Anand filed his claim with the Ministry of Rehabilitation for the properties left behind by him in Pakistan. This claim application was filed in the year 1947. This claim application was allowed and a sum of Rs.5,411/- was paid by the Ministry of Rehabilitation. The funds were paid in the year 1956 on the application of Sh. Nathuram Anand of the year 1947. Since succession of the properties of Sh. Nathuram Anand opened in the year 1948 on his death before the enactment of the Hindu Succession Act, 1956, the funds of Sh. Nathuram Anand inherited by his four sons were ancestral in their hands (with one son being Sh. Mohan Lal Anand). Each of the sons got 1/4th share out of the amount of Rs.5,411/-. Since the suit property was purchased by Sh. Mohan Lal Anand from his share of the funds received from the estate of Sh. Nathuram Anand, therefore the suit property is an HUF property. Once the suit property is an HUF property, then each of the five parties to the suit will have 1/5th share, with the five parties being Sh. Mohan Lal Anand - the father and his four sons. Sh. Mohan Lal Anand has expired during the pendency of the suit and he is now represented by Sh. Naresh Chander Anand/defendant no.2. Reference in this judgment to the parties to the suits would be with reference to their numbering in the memo of parties filed on 23.3.2018 in this CS (OS) No. 575/2001.

3. CS(OS) No.1588/2007 is filed by two plaintiffs Sh. Mohan Lal Anand and Sh. Naresh Chander Anand. This suit is a suit filed for possession of the ground floor of the suit property in possession of Sh. Paramjeet Anand, and who is the plaintiff in CS(OS) No.575/2001. The cause of action in this suit is that the suit property is a self-acquired property of Sh. Mohan Lal Anand and it is not an HUF property. Since Sh. Mohan Lal Anand is the owner of the suit property hence Sh. Paramjeet Anand, the defendant is a trespasser and who is liable to hand over possession of the ground floor of the suit property to the plaintiffs in CS(OS) No.1588/2007.

4. Testamentary case no.23/2007 has been filed on account of death of Sh. Mohan Lal Anand, who as per the petitioner in this testamentary case Sh. Naresh Chander A