CHANDRA PRABHA Vs. SATISH CHAND SHARMA & ORS

JUDGEMENT

(1.) By this order, I shall dispose of I.A. No. 6043/2007, I.A. No. 6044/2007 and I.A. No. 6045/2007 filed by the plaintiff under Section 151 of the Civil Procedure Code, 1908 (the 'CPC' for brevity) read with Sections 55 and 56 of the Indian Trusts Act, 1882 (the 'Act' for brevity), under Section 74 read with Section 60 of the Act and under Section 68 of the Act respectively.

(2.) The brief facts of the case are as follows. The plaintiff is the daughter of late Pt. Mulchand Sharma, who died on 25th December, 1939, leaving behind his widow and five minor children. Within a few years, the widow of late Pt. Mulchand Sharma also passed away. Late Pt. Mulchand Sharma left behind a Will dated 10th December, 1937 whereby he vested his entire property, movable as well as immovable, in five persons who were to manage the said property and ensure that the family of the deceased was maintained, educated and married etc. The said Will was proved and registered before a Senior Subordinate Judge, Delhi on 14th December, 1940 in probate proceedings and a certificate of probate was granted on 28th May, 1941.

(3.) It is the plaintiff's case that the entire estate of her late father (referred to as the 'trust property') was distributed between his sons i.e. the plaintiff's brothers and the factum of the said trust was falsely concealed from the plaintiff who became aware of the same during the proceedings of CS(OS) No. 2166/1990, which suit was filed by the plaintiff as regards her share of the rent proceeds from the following properties :