GURBACHAN SINGH THAPAR Vs. UOI AND ORS.

JUDGEMENT

(1.) THIS Intra -Court Appeal impugns the judgment dated 28th November, 2005 of a Single Judge of this Court allowing W.P.(C) No. 16/1983 preferred by the respondent no.7 Shri Preetinder Singh Thapar, respondent no.8 Shri Hardeep Singh Thapar and respondent no.9 Smt. Narinder Kaur. The said respondents no.7,8&9 herein are hereafter referred to as the contesting respondents. The writ petition aforesaid was filed by the contesting respondents impugning the order dated 10th November, 1982 of the Dy. Secretary to the Government of India, Department of Rehabilitation with the delegated powers of the Central Government and the order dated 30th August, 1982 of the Dy. Chief Settlement Commissioner and for declaration that, in terms of the lease deed and conveyance deed executed by the President of India in their favour on 25th May, 1971, the contesting respondents were the owners/lessees to the extent of 3/4th share of property bearing No.A -78, Malviya Nagar, New Delhi. The appellant herein was impleaded as respondent no.11 in the said writ petition. It is deemed expedient to set out the history with respect to the aforesaid property. The said property was in the year 1950 allotted to one Capt. Kirpal Singh Thapar, a displaced person. The said Capt. Kirpal Singh Thapar was a non -claimant and had during his lifetime paid substantial part of the cost of the said property. However, before any documents of title with respect to the said property could be executed in favour of Capt. Kirpal Singh Thapar, he died intestate on 9th September, 1962 leaving behind a widow and 15 children i.e. 9 sons and 6 daughters. The appellant is one of the sons of Capt. Kirpal Singh Thapar. Similarly the respondents no.7&8 are also sons of Capt. Kirpal Singh Thapar. The respondent no.9 is one of the daughters of Capt. Kirpal Singh Thapar. Though as per the law of intestate succession applicable to Shri Capt. Kirpal Singh Thapar, his rights in the aforesaid property devolved on his widow and children in the share of 1/16th each but the widow and all the children of Capt. Kirpal Singh Thapar applied to the governmental authorities for execution of the documents of title pertaining to the said property in the name only of Sh. Onkar Singh Thapar being the eldest son of Capt. Kirpal Singh Thapar.

(2.) THE governmental authorities however upon finding the contesting respondents no.7,8&9 to be minors, refused to so execute documents of title with respect to the property in favour only of Sh. Onkar Singh Thapar and on 20th August, 1963 ordered execution of such documents in favour of said Shri Onkar Singh Thapar and the contesting respondents.

(3.) THE contesting respondent no.8 Shri Hardeep Singh Thapar in the year 1972 filed a suit for partition of the aforesaid property claiming the shares of the contesting respondents and Shri Onkar Singh Thapar therein to be 1/4th each. Shri Onkar Singh Thapar contested the said suit claiming, that on the demise of Capt. Kirpal Singh Thapar the property had been inherited by his widow and 15 children in the shares of 1/16th each; that one of the sons of Capt. Kirpal Singh Thapar had since died a bachelor and thus the widow and the remaining children of Capt. Kirpal Singh Thapar had 1/15th share each in the said property. The said suit was however dismissed in default.