GULAB SINGH Vs. HARI SINGH

JUDGEMENT

(1.) I propose to dispose of the captioned suits by a common judgment for the reason that not only are all parties in the captioned suits [except the Delhi Development Authority (hereinafter referred to as DDA?)] members of one family but also that the court, by order dated 05.09.1990 passed in FAO (OS) 280/1989, directed consolidation of the said suits, and the evidence by observing that evidence will be led in suit No. 2996/1988. In addition to this, property being: 17, Ashok Vihar Community Centre, Delhi 110 052 (hereinafter referred to as the Ashok Vihar Property?), over which the core dispute centres, is common to the captioned suits. It is perhaps with this background that the court, by order dated 02.07.1996, passed in suit no. 2996/1988 framed common issues.

(2.) The first two suits, that is, suit no. 1099/1983 and suit no. 1138/1987 have been filed by the same person, i.e, one Gulab Singh, while suit no. 2996/1988 has been filed by his uncle (i.e., his father?s brother), namely, Har Chain Singh. For the sake of convenience, I will be referring to suit nos. 1099/1983, 1138/1987 and 2996/1988 as: the 1983 suit, the 1987 suit and the 1988 suit respectively. I would also be referring to the parties by their names since all of them are not arrayed in the same sequence in the three suits. RELIEFS SOUGHT IN THIE SUITS

(3.) In the 1983 suit Gulab Singh has sought partition and rendition of accounts in respect of properties mentioned in paragraph 2(a) and 2(b) and paragraph 5 of the plaint. Paragraph 5 of the first suit refers to properties which are described in clauses (a) to (e) of the said paragraph. In so far as property described in paragraph 2(a) of the plaint, is concerned the counsel for the plaintiff has, at the outset, said that the property mentioned therein has already been partitioned and, therefore, relief in respect of the said property is not pressed. In the 1987 suit the plaintiff Gulab Singh has sought a decree of declaration calling upon defendant nos. 1 to 3 (which includes DDA and its officers) to re-open the case of allotment in respect of the Ashok Vihar Property and cancellation of lease deed dated 26.09.1984 (in short lease deed?) executed in respect of said property in favour of defendant no. 4, that is, Hari Singh, who is now represented by his legal heirs (in short LRs?), that is, Satyender Singh, Jitender Kumar & Yudhisthar. The said LRs were impleaded vide order dated 11.10.2004 passed in the 1983 suit. The 1988 suit, which has been filed by the uncle of Gulab Singh, as indicated hereinabove, i.e., Har Chain Singh is also directed against the grant of exclusive lease in favour of Hari Singh. Har Chain Singh in his suit (i.e., 1988 suit) seeks a decree of declaration to the effect that lease deed dated 26.09.1984 granted by DDA exclusively in favour of Hari Singh be declared illegal and void and, that DDA be directed to execute a fresh lease deed with respect to the Ashok Vihar Property in a manner that it reflects the purported 1/3rd share claimed by him in the said property.