MATHAI ALIAS JOBY Vs. GEORGE

JUDGEMENT

(1.) Whether the appellants, who claim to have purchased the property described as 6-B, Jangpura, Mathura Road, New Delhi from Major K.V. Kohli (one of the two heirs of Mrs. Rasheel Kohli) are entitled to contest the application filed by the respondent - Mrs. Pamela Manmohan Singh (the other heir of Mrs. Rasheel Kohli) for grant of letter of administration is the question which arises for consideration in this appeal filed against order dated 22.1.2001 passed by the learned Single Judge of Delhi High Court in Civil Revision No. 791 of 1994 whereby he set aside the order passed by Additional District Judge allowing an application filed by the appellants under Section 151 of the Code of Civil Procedure (CPC) for permission to file objections in Probate Case No. 272 of 1993.

(2.) The property in question was leased out by the Government of India to Mrs. Rasheel Kohli sometime in 1957 for a period of 90 years. Mrs. Rasheel Kohli availed loans from Oriental Bank of Commerce and Grindlays Bank and mortgaged the suit property. Oriental Bank of Commerce filed Suit No. 75 of 1979 in the High Court of Delhi against M/s. Zirconium, K.V. Kohli and Mrs. Rasheel Kohli for the recovery of their dues. Grindlays Bank also filed Suit No. 259 of 1978 against K.V. Kohli and others for recovery of Rs. 9,58,195/-. In the second suit, a statement was made by the counsel for the defendants that his clients will not alienate property No. 198, Golf Links, New Delhi and plot No. 6, Block - B, Jangpura, New Delhi or encumber the same till the next date. After taking note of the counsel's statement, the learned Single Judge directed the defendants in the suit not to alienate or encumber the property or realise or appropriate the rent.

(3.) In 1979, Mrs. Rasheel Kohli filed Suit No. 180 of 1979 for eviction of Khairati Lal, who had been inducted as a tenant. During the pendency of the suit, Khairati Lal made a statement before the Court on 6.8.1984, the relevant portion of which is extracted below: