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2015 (11) TMI 1831 - DELHI HIGH COURTSuit for partition and rendition of accounts - Whether the suit properties, as detailed in Schedule-A to the plaint, are liable to be partitioned and if so, what would be the share of the parties? - HELD THAT:- Plaintiffs thus have failed to prove that there existed an HUF before 1956 on account of Sh. Tek Chand having inherited properties before 1956 and that the plaintiffs have further failed to prove that HUF was created after 1956 on account of throwing of property/properties into common hotchpotch either by Sh. Tek Chand or by Sh. Gugan Singh/defendant no.1. Accordingly, it is held that there is no HUF and there are no properties of HUF in which late Sh. Harvinder Sejwal had a share. The entire discussion given above for existence/creation of HUF and plaintiffs failing to discharge the onus of proof upon them will similarly apply qua the alleged family settlement pleaded by the plaintiffs because once again no credible evidence has been led except self-serving statements and which cannot be taken as discharge of the onus. In his cross-examination on 01.04.2013, the defendant no.3 as DW1 has denied the suggestion that there was any family settlement. It is therefore held that plaintiffs have failed to prove the issues. Both the issues are decided in favour of the defendants and against the plaintiffs, the plaintiffs are not entitled to the reliefs of partition or rendition of accounts - Suit dismissed.
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