M. AGARWAL PROCESSING INDUSTRIE Vs. UOI & ANR.

JUDGEMENT

(1.) WITH the consent of counsel for the parties, present petition is set down for final hearing and disposal.

(2.) PETITIONER no. 1 is stated to be a partnership firm registered under the Indian Partnership Act, 1939. The erstwhile partner of the petitioner firm, late Sh. Mukhram Agarwal was the lessee in respect of the property known by No. A -57/2, Okhla Industrial Area, Phase -II, Delhi, vide a lease deed dated 2nd November, 1979. According to the petition, property was transferred by Sh. Mukhram Agarwal w.e.f. 1st March, 1992 towards his capital contribution to the petitioner firm, namely, M. Agarwal Processing Industries which consisted of Sh. Mukhram Agarwal his son and four daughters. It is stated that the partnership deed was also executed on 03.03.1992 which inter alia recorded the aforesaid transfer. Immediately upon execution of the partnership deed, the said Sh. Mukhram Agarwal by letter dated 03.03.1992 applied to the DDA for mutation of the property in the name of the firm in view of transfer of the property to the firm. Petitioners are stated to have made enquiries from the office of the DDA in May, 1993 when they learnt that further formalities are required to be completed which are stated to have been completed in May, 1993 and various documents were also filed with respondent no. 2.

(3.) COUNSEL for petitioner also submits that perusal of the statement of assets annexed to the aforesaid Wills would show the said subject property was not shown as part of the estate of late Sh. Mukhram Agarwal and the last Will was executed by Sh. Mukhram Agarwal on 17.04.1996, as per which entire balance standing to his credit in the petitioner firm on the date of his death would go to the surviving partners of the firm in their profit sharing ratio absolutely and forever. Again no mention of the subject property was made in the Will. On the death of Shl.Mukhram Agarwal, the partnership firm was re -constituted by a deed of partnership dated 22.01.1997 by remaining partners (one son and four daughters of late Sh. Mukhram Agarwal). The shares of Mukhram Agarwal were allocated amongst the remaining partners as per his wishes and in terms of his Will dated 17.10.1996 probated by the High Court and the said firm is continuing till date with the said five partners. It is only in the year 1998 after probate was granted of the aforesaid Wills, the petitioner came to know about a claim having been made with regard to the subject property by Mr.Atmaram Agarwal [father and natural guardian of one Ms.Sonia Agarwal (who was a minor at that time)] on her behalf placing reliance on a registered Will dated 03.01.1996 purportedly executed by Sh. Mukhram Agarwal bequeathing the subject property absolutely and solely to Ms.Sonia Aggarwal. Correspondence between the partners of the firm and Sh. Atmaram Aggarwal on behalf of his minor daughter were exchanged. Meanwhile the petitioner received a communication dated 22.02.2000 from the DDA stating that the request for mutation cannot be acceded to and that the petitioner firm should approach the court of law to get their claims settled. No reasons whatsoever for not mutating this property in favour of the partnership firm were disclosed.