AJIT SINGH Vs. NAND SINGH

JUDGEMENT

(1.) Ajit Singh, appellant challenges the judgment and order of the District Judge, Delhi dated 1st March, 1977 dismissing his application for the grant of Probate of the Will dated 22nd October, 1962 alleged to have been executed by his father Arjan Singh.

(2.) On 17th May, 1972 the appellant filed an application for the grant of Probate alleging that his father Arjan Singh had executed his last will and Testament on 22nd October, 1962 bequeathing Plot No. I-88A, Kirti Nagar, New Delhi and one Shop No. 119, Gaffar Market, Karol Bagh, New Delhi to him, that Arjan Singh died on 12th April, 1963, that the Will was attested by the witnesses.

(3.) Nand Singh, one of the brothers of the appellant in his written statement pleaded that his father never executed any Will during his life time, he died intestate on 12th April, 1963, that the said Will was a forged document, that in 1965 the appellant along with his mother and sister Kaushalaya Devi had filed a suit for declaration against the other heirs of Arjan Singh alleging that Plot No. 1-88A, Kirti Nagar, New Delhi measuring 200 sq. yards was owned by his father Arjan Singh exclusively, that the name of Nand Singh was entered in the sale deed dated 12th October, 1962 as a benamidar, that on the death of Arjan Singh all his heirs namely, widow three sons and four daughters became joint owners of the said plot of land in equal shares, that the suit was dismissed on 5th September, 1966 by the Subordinate Judge, 1st Class, Delhi holding that Arjan Singh and Nand Singh were owners of the plot in equal shares as per sale deed dated 12th October, 1962. Nand Singh respondent has further pleaded that during the trial of the civil suit the appellants had made a statement on oath on 9th March, 1966 that his father Arjan Singh never executed any Will, that after the death of his father he (Nand Singh) filed an application in December. 1966 before the Managing Officer, Jamnagar House, New Delhi, that shop No. 119. Ghaffar Market, Karol Bagh, New Delhi allotted to Arjan Singh be transferred to all his legal heirs, that the appellant by his application dated 12th March, 1969 for the first time made an application before the Managing Officer that Arjan Singh had executed the Will dated 22nd October, 1962, that on the basis of the appellant's statement in the civil court that his father had left no Will, the Managing Officer and all other authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 held that there was no Will of Arjan Singh and, therefore, the said shop was ordered to be transferred to the legal heirs in equal shares.