MANKARAN SINGH JOHAR Vs. SATWANT KAUR JOHAR

JUDGEMENT

(1.) THIS is a suit for partition of property No. B-60, Greater Kailash, New Delhi. Admittedly, the aforesaid property was owned by late Sardar Gurbachan Singh Johar. Late Shri Gurcharan Singh Johar had nine children, six daughters and three sons, including late Shri Pratap Singh Johar. The case of the plaintiff, who claims to be the grandson of late Sardar Gurbachan Singh Johar, is that the aforesaid property was thrown by late Sardar Gurbachan Singh Johar into hotchpotch of Gurbachan Singh Johar (HUF) and, therefore, he also has a share in this property, he being the son of Pratap Singh, a pre-deceased son of Sardar Gurbachan Singh. Vide IA No. 4792/2008, the plaintiff has sought an interim injunction, restraining defendants from transferring or alienating the suit property and creating any third party interest therein.

(2.) THE case of the defendants, however, is that the aforesaid property continued to be the self-acquired property of late Sardar Gurbachan Singh Johar and was never thrown into the hotchpotch of HUF. This is also the case of defendants other than defendant No.3 that the plaintiff is not the son of late Shri Pratap Singh Johar.

(3.) THE question as to whether the suit property was thrown into the hotchpotch of Sardar Gurbachan Singh Johar (HUF) or not is a disputed question of fact though, prima facie, there is no authentic evidence of the property having been thrown into the hotchpotch of the HUF. No affidavit sworn by late Sardar Gurbachan Singh Johar has been produced in original and the plaintiff has also disclosed where the original affidavit is available. Even the photocopy filed by him does not bear signature of the deponent though it purports to have been attested by a public notary at New Delhi on 26th August, 1971, this otherwise unsigned affidavit purports to have been executed at Guwahati on 07th December, 1966. However, assuming that the property No. B-60, Greater Kailash, New Delhi was never thrown into hotchpotch of Sardar Gurbachan Singh Johar (HUF), as claimed by the plaintiff, it would continue to remain as self-acquired property of late Sardar Gurbachan Singh Johar and if the plaintiff is the son of Sardar Pratap Singh, a pre-deceased son of late Sardar Gurbachan Singh Johar, he being one of the Class I legal heir of Sardar Gurbachan Singh Johar, would be entitled to 1/10 share in the property. It was also be pertinent to note here that in a letter written by defendant No.3 in reply to legal notice sent on behalf of the plaintiff, Shri Mnkaran Singh and his mother Mrs. Mala Chavda to late Smt. Satwant Kaur Johar, wife of late late Shri Gurbachan Singh Johar, it was not the case of defendant No.3 Shri Harvinder Johar that Shri Mnkaran Singh was not the son of late Shri Pratap Singh Johar. In any case, whether the plaintiff is the son of late Shri Pratap Singh Johar or not is a question of fact which can be adjudicated only after trial and prima facie, for the purpose of deciding these applications, the Court has to proceed on the assumption that he is the son of late Shri Pratap Singh Johar, as claimed by him.