DHRUV DAYAL GUPTA Vs. HCL INFOSOLUTIONS LIMITED

JUDGEMENT

(1.) Smt.Satyawati Devi Aggarwal filed this application under Order 1 Rule 10 read with section 151 CPC for being impleaded as party to the suit, interalia, alleging that property bearing No.M-41, Greater Kailash, Part-I, New Delhi was owned by Smt.Jwala Devi and she is her daughter. Smt.Jwala Devi who died on 23rd December 1997, left behind a Will dated 22nd December 1995 which was registered in the office of Sub Registrar, Delhi as document No.54434 in Addl.Book No.III, Volume No.2542 on pages 193 to 195 on 22nd December 1995, bequeathing the said property in favour of applicant. Applicant has filed Case No.23/95 before District Judge, Delhi for grant of probate/letters of administration in respect of the said Will. Ishwar Dayal Gupta, attorney of plaintiff is a party in said probate case and he has avoided to file objections so far. It is further stated that plaintiff alleges to have inherited the said property on the basis of a fabricated Will by Smt.Jwala Devi dated 27th October 1997. Applicant being owner of property is entitled to recover rent from the defendants-tenants to the exclusion of plaintiff.

(2.) Plaintiff has contested the application by filing reply, interalia, alleging that applicant could not be allowed to convert this suit filed for recovery of arrears of rent, into a suit to decide title to suit property. Defendants-tenants have already attorned the plaintiff as owner/landlord on the basis of Will dated 27th October 1997 left behind by Smt.Jwala Devi which was registered with the Sub Registrar during her lifetime. It is denied that Smt.Jwala Devi ever executed Will dated 22nd December 1995 or any such Will was registered with the Sub Registrar, Delhi as alleged.

(3.) Present suit for recovery of Rs.13,41,925/- was filed alleging that Smt.Jwala Devi, grand mother of plaintiff was the owner of property No.M-41, Greater Kailash, Part-I and basement, ground, mezenine and first floor portions thereof were let out by her through her attorney Ishwar Dayal Gupta to M/s.H.C.L.Front Line Solution (Bombay) Ltd under a lease- deed dated 16th March 1995 also having renewal clause. During continuance of lease, the name of company was changed to M/s.H.C.L.Info Solutions Limited. It has been claimed by defendant No.2 that it has taken over the assets and liabilities of said M/s.H.C.L.Info Solutions Ltd. Smt.Jwala Devi died on 23rd December 1997 leaving behind Will dated 27th October 1997 in favour of plaintiff. Defendants paid rent upto August 1998. To recover arrears of rent for subsequent period upto February 1999 the plaintiff filed two suits against the defendants being Nos.498/98 and 43/99 before the District Judge, Delhi. Former suit was decreed on 31st July 1999 while later on 2nd June 1999. In this suit arrears of rent from March 1999 to October 1999 has been claimed.