MANMOHAN SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) The main case (Suit No. 921/93) has been consolidated with Probate Petition No. 38/92 for the purpose of trial and decision because of the commonality of the disputes and evidence. Suit tiled by the plaintiff is a declaratory suit. It seeks declaration of the effect that the plaintiff is the absolute owner of the property bearing Bungalow No. 4, Rajdoot Marg. Diplomatic Enclave, New Delhi by virtue of Will dated 6.8.1990 executed by his father late Sh, Kartar Singh, the owner of suit property as defendant Nos. 1 & 5 have only limited right of residence in the portion of the property as described in the Plan.

(2.) Plaintiff and defendants 4 & 5 are the legal heirs of late Shri Kartar Singh whereas defendants 1 to 3 are the children of the predeceased son of Shri Kartar Singh.

(3.) As is apparent case of the plaintiff stems from the unregistered Will dated 6.8.90 whereas the defendant No. 5 Mohini, the daughter of late Sh. Kartar Singh has based her claim and sought Probate of the registered Will dated 20.9.85. It is not in dispute that late Kartar Singh was the owner of the suit property and, therefore, had the right to deal with the property in any manner be liked.