UMA SHARMA Vs. KAMAL KUMAR BHANOT

JUDGEMENT

(1.) These are two connected suits; CS (OS) No. 185/2009 is a suit for declaration and permanent injunction by Uma and Shashi Sharma (first and " second plaintiff, hereafter referred to collectively as "the daughters"), both daughters of Late Rajinder Lal against their brothers (the four defendants), in respect of property bearing House No. F-3/30, Krishna Nagar, Shahdra, Delhi (hereafter "suit premises"). CS (OS) No. 337/2009 (hereafter "the partition suit") claims a decree for partition and permanent injunction; it is filed by Hemant Bhanot son of Late Rajinder Lal against his three brothers (Kamal Kumar, Upinder Kumar and Rajesh Kumar: the brothers being collectively referred to as "the brothers"). With consent of counsel for parties, the two suits were heard together, as the only issue involved was the interpretation of a Will of the late Balwant Rani (hereafter called "the testatrix")

(2.) The daughters' suit avers that the parties father, Late Rajinder Lal was the son of the testatrix, absolute owner of the suit premises, during her lifetime. The daughters contend that after her demise (in 1989) the Late Rajinder Lal inherited it, and and upon his demise (in 2001) it devolved equally upon the children of Rajinder Lal, i.e. the parties in the two suits. It is stated that though the testatrix had two sons (Rajinder Lal and Krishna Gopal), but on account of some disputes with the other son, she executed a will favouring the branch of Rajinder Lal (hereafter, "the will"). The will was registered - with the Sub-Registrar as Document No. 250, Book No. 3, Volume 93 at pages 73-75.

(3.) It is not in dispute that Rajinder Lal, after the death of the testatrix, preferred a probate petition (No. 2 of 1990) before this Court; however, during its pendency, Rajinder Lal expired survived by his children (plaintiffs and defendants in these two suits). An application made by third defendant for impleadment of legal representatives was allowed by order dated 05.11.2003. By order dated, 12.10.2006, the third defendant was appointed as an Administrator in respect of suit premises and probate was granted in favour of the original petitioner, Late Rajinder Lal, entitling the parties to this suit to their respective share in the suit property.