RAM RATTAN SINGH NAMDHARI Vs. INDER KAUR

JUDGEMENT

(1.) This order shall dispose of an appeal which was earlier filed in 1973 as a Regular Second Appeal and later registered as FAO against the order and decree dated 23.12.1972 passed in the first appeal filed by the appellants against the judgment and decree passed in suit No. 231/1996 decided by the ASJ Delhi dated 27.01.1969 whereby the first appeal filed by the appellant was declared as having abated on account of their not moving the application under order 22 Rule 4 read with Rule 9 CPC within time.

(2.) The background of filing of this appeal is, that late Shri Atma Singh Namdhari who was one of the owner of suit property bearing No. D-10, Rana pratap Bagh, Delhi executed a Will dated 5.12.1953 bequeathing said property in favour of Smt. Leelawati Namdhari, Smt. Jugesh and one Ram Rattan Singh Namdahri son of Atma Singh Namdhari. Two executors were appointed under the said Will namely Maharaj Kirpal Singh & Maharaj Nihal Singh. One of the executor of the Will Maharaj Nihal Singh executed a sale deed in respect of the property in favour of Shri Lal Singh (original Defendant No.2) without the consent of 2nd executor who further sold the property to Smt. Inder Kaur (the first respondent) now no more & represented by her legal heirs.

(3.) The suit was filed by the appellant after becoming major in the year 1966 for cancellation of the sale deed executed in favour of the second defendant who was succeeded by Smt. Inder Kaur as null and void. The suit was dismissed on 27.01.1969 when the appellant preferred a first appeal on 02.08.1969.