S JASDEEP SINGH Vs. S KEHAR SINGH

JUDGEMENT

(1.) SINCE parties have settled their disputes and have reduced the settlement in a written Memorandum dated February 15, 2012, which settlement embraces the subject matter of RFA(OS) No.26/2004 as also CS(OS)No.1060/2007, as requested by learned counsel for the parties, we have summoned the file of the suit so that the comprehensive settlement could be given effect to. With consent of learned counsel for the parties, we pre-pone the date of hearing of the suit and noting that I.A. No.3190/2010 and I.A. No.4889/2011 are pending, the former to bring on record the legal heirs of S. Jagjit Kaur, the plaintiff, who died on January 4, 2010, and the latter to bring on record the legal heirs of one of her legal heir i.e. her husband S. Kehar Singh, who died on February 12, 2011, we allow both applications i.e. I.A. No.3190/2010 and I.A. No.4889/2011 and direct amendment memo of parties to be filed in the suit within three days from today.

(2.) SUBJECT matter of RFA(OS) No.26/2004 is the order dated April 28, 2004 dismissing the suit on the ground that the claim is not maintainable.

(3.) S. Jasdeep Singh is claiming an interest in the property being the son of S.P.Singh, who had entered into the settlement with his parents and brother. He claims the settlement to be a fraud. As recorded in the Memorandum and the decree, S. S.P.Singh, his brother S. J.P.Singh and their father S. Kehar Singh and their mother S. Jagjit Kaur were assigned different portions in property No.W-18, Greater Kailash, Part-I, New Delhi-110048, to be owned and possessed individually without unity of title or unity of possession.