SARDAR KHUSHWANT SINGH Vs. KIRPAL SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the objector in a probate case pending before the Additional District Judge and aggrieved from the order dated 31st January, 2009 of the Additional District Judge dismissing the application of the petitioner/objector under Order 7 Rule 11 of the CPC.

(2.) The respondent herein in/or about January, 2008 applied for grant of probate of a Will dated 20th November, 1974 of Sir Sobha Singh who died on 18th April, 1978. The petition for grant of probate was thus field after nearly 30 years of the death of the executant of the alleged Will.

(3.) The Will of which probate was sought is tilted "Deed of Daan". The said document purports to make a gift in presenti, of a plot of land measuring 165'x111' situated in Sujan Singh Park, at Maharishi Raman Marg, New Delhi, to the respondent, Sant Kirpal Singh for Deara purposes. The document records the executant having handed over possession of the aforesaid plot to the respondent Sant Kirpal Singh with rights to raise construction thereon. The document also declares that after the death of the executant, nobody, or anyone in individual capacity will be entitled to claim or concern with the aforesaid plot of land. The document declares the Deed of Daan to be irrevocable. The document purports to be signed by two witnesses and is unregistered.