GURMUKH SINGH Vs. LOCCHMI DEVI

JUDGEMENT

(1.) Shri Gurmukh Singh, hereinafter referred to as the 'plaintiff', brought a suit for partition of 126, Sunder Nagar, New Delhi. It was common ground between him and Smt. Lachhmi Devi, now deseased, that the said house belonged to them in equal shares.

(2.) Smt. Lachhmi Devi died. An application, (I.A. No. 1534/80) was filed by the plaintiff for bringing the L.R's of Smt. Lachhmi Devi on record. According to the plaintiff, as stated in the application, Smt. Lachhmi Devi left behind her husband Sh. Asa Singh Kochhar, two sons, Kulwant Singh and Parbjot Singh and five daughters Smt. Parkash Kaur, Smt. Pritam Kaur, Smt. Harbans Kaur, Smt. Rajinder Jeet Kaur and Smt. Baljit Kaur. Notice of that application was directed to be issued to heirs aforesaid. Sh. Asa Singh Kochhar and Parbjot Singh husband and one of the sons respectively of Smt. Lachhmi Devi appeared on 25.5.81. They stated that Smt. Lachhmi Devi left a will in favour of Parbjot Singh and that, therefore, it was he who was entitled to be substituted in her place. It was stated in the order dt. 25.5.81 that other heirs will have to be given notice at which the counsel for Sh. Asa Singh Kochhar and Parbjot Singh stated that he would bring other heirs on the next date and that their statements might be recorded.

(3.) On July 28, 1981, husband, the other son and daughters of Smt. Lachhmi Devi put in appeorance and their statements were recorded. All of them stated that they had no objection to the appointments of Sh. Parbjot Singh as sole L.R. of Smt. Lachhmi Devi on account of a will in his favour. However, the plaintiff raised objection that Parbjot Singh could not be substituted in place of Lachhmi Devi unless and until he proved the will according to law. Accordingly, the matter was directed to be listed before the Deputy Registrar for 24.9.81 for further proceedings vide the order passed by this court on 18.9.81.