Inheritance of ancestral properties after 1956 results in self-acquired properties, not HUF properties.

V. KAMESWAR RAO, J.

1. The challenge in this appeal is to the order dated January 30, 2018 of the learned Single Judge whereby the learned Single Judge has by applying principles of Order 7 Rule 11 CPC read with Order 12 Rule 6 CPC, rejected the plaint insofar as first and second category of properties, mentioned as HUF properties, are concerned, as the suit does not contain necessary averments with regard to the causes of action of these properties being HUF properties. The learned Single Judge has granted liberty to the appellant to seek partition of any of the properties, which have been mentioned in the first or second category in case the appellant is co-owner of any such properties in terms of specific title deeds. The learned Single Judge has also directed the appellant to amend the plaint.

2. Some of the relevant facts necessary for the purpose of deciding this appeal are that the appellant filed a suit for partition, declaration and injunction. As per the plaint, vide para 5, the appellant has categorized the property of which partition is sought, as under:-

Para of the plaint	Description of the Property	Averment in the Plaint
First Schedule
Para 5(I)(i)	Property bearing number 620, Phase V, Ydyog Vihar, Gurugram of a land measuring 300 sq. yards having superstructure of Basement, Ground Floor, First Floor and Second Floor	(a) Plaintiff
		(b) Defendant No.1
		(c) Defendant No.2
		(d) Defendant No.3
		Purchased in 2006
Para 5(I)(ii)	Property at Arya Samaj Road, Sirsa which is built on a land measuring 450 sq. yards	Defendant No.2
Para 5(I)(ii)	A-222, Second Floor, Spazedge (The Mall), Sohna Road measuring 1488 sq. ft.	(a) Plaintiff
		(b) Defendant No.1
		(c) Defendant No.2
		(d) Defendant No.3
		Purchased in 2008
Para 5(I)(iii)	Property at Dabwali Road, Sirsa measuring 1800 sq. yards	Defendant No.3
Second Schedule
Para 5(II)	9 Acre land, Village Byhampur, Rania Road Sirsa	Joint names of Defendant No. 3 and Plaintiff Purchased in 1982
Third Schedule
Para 5(III)(i)	Basement, E-82A, Greater Kailash-I, New Delhi	Joint names of Plaintiff and Defendant No.1 Purchased in 2011
Para 5(III)(ii)	Joint Account No. 09872151000168 with Oriental Bank of Commerce, Gurugram	Joint names of Plaintiff and Defendant No.1 opened in September 2007

3. The plaintiff had sought the following prayers in the suit:-

“In view of the aforesaid, this Hon’ble Court may kindly be pleased to:-

(a) pass a decree of declaration in favour of the Plaintiff and against the Defendant Nos.1,2,3 & 4 thereby declaring the title deeds of each of the 4 HUF properties to be having the Plaintiff, Defendant Nos.1 & 2 as co-sharers/co-owners having 1/3rd share each notwithstanding the recorded shareholding of the Defendant No.3 therein, and/or;

(b) pass a decree of declaration in favour of the Plaintiff and against the Defendant Nos.1, 2, & 3 thereby declaring the partial settlement as reached between the parties which is detailed in para 6 and 7 above in relation to the basement premises and also including the exclusive valuable interest in Defendant No.6 Company and duly recorded in the transfer deed dated 03.10.2017 as executed by the Defendant No.3 in favour of the Defendant No.1, to be binding on all the parties to the present suit, for all intents and purposes, and/or;

(c) pass a decree of permanent injunction in favour of Plaintiff and against the Defendant Nos.1,2, & 3, their agents, representatives, assignees from entering the basement premises of the larger property no.E-82A, Greater Kailash-I, New Delhi on any account whatsoever being havi