RAJINDER SINGH CHOWDHARY Vs. SARDAR MANJIT SINGH CHOWDHARY

JUDGEMENT

(1.) This suit has been filed by the plaintiff for partition of the properties on the ground that Sardar Mohan Singh Chowdhary, father of the parties left a will dated 22/2/1978 by which he bequeathed all his movable as well ae immovable properties including house No.9707/XVI, 2C/23, New Rohtak Road, New Delhi in favour of his wife Smt.Ved Kaur absolutely with full powers of disposal in any manner she liked. The written statement was filed by defendant nos.1 and 2 i.e. Sardar Manjit Singh Chowdhary and Dr.Mohinder Pratap Singh Chowdhary, inter alia, contending that the will of their deceased father only created a life estate and no absolute bequest was made in favour of Smt.Ved Kaur, mother of the parties.

(2.) On the pleadings of the parties, on 28/8/1998 an issue was framed to the following effect : (i) Whether on the death of Shri Mohan Singh Chowdhary, his widow Smt.Ved Kaur became an absolute owner of all the properties mentioned in Schedule-B to the plaint by virtue of the will dated 22/2/78 ? If so, to what effect? (ii) Relief.

(3.) It was further stated at the bar by learned counsel appearing for the parties that the entire case hinges on the interpretation of Ex.P 1 i.e. the will dated 22/2/1978 and the matter could be disposed of without adducing any oral evidence in the category of short cause. Predecessor of this Court on 2/2/2000, inter alia, held that the judgment of a division Bench of this Court in Raghbir Singh & Ors. Vs. Budh Singh & ors. AIR 1978 Delhi 86 may not be a good law in view of the law laid down by Supreme Court in Gopala Menon vs. Sivaraman Nair & Ors. (1981) 3 SCC 586 and referred the matter before a Full Bench. Pursuant to that reference a Full Bench was constituted and the Full Bench vide its decision on 15/9/2000 returned the reference in the following terms : (i) In the above background we feel unnecessary to go into the question relating to correctness of view expressed in Raghbir Singh's case (supra) (ii) The Court while dealing with the matter has to read the will and decide true intention of the testator in the background of legal principles as set out above. We, therefore, feel that is a matter which shall be dealt with by the learned single Judge. It is unnecessary to state that while deciding the suit, the legal principles applicable to interpretation of wills as broadly stated above shall be kept in view. The reference is accordingly answered.