MANJEET KAUR Vs. DAYA SINGH ALIAS SUPHWAS SRICHAWLA

JUDGEMENT

(1.) THIS is a batch of seven suits filed by Smt. Manjeet Kaur, Plaintiff No. 1, Smt. Surinder Kaur, Plaintiff No. 2, Shri Amornthep Srichawla, Ms. Orasa Srichawla, and Ms. Orapin Srichawla, Plaintiffs 3, 4 and 5, all children of late Shri Ongkar Singh seeking declaration and mandatory injunction for enforcing the Plaintiffs' preferential rights to acquire the shares in the property at 28, Pusa Road (Ajmal Khan Road), New Delhi ['the suit property'] under Section 22 of the Hindu Succession Act, 1956 ('HSA').

(2.) THE facts of the first suit CS (OS) No.1229 against Shri Daya Singh @ Suphwas Srichawla, Defendant No. 1 and Y.T.C. Housing Private Limited, Defendant No. 2 may be set out illustratively since the issues that arise in all the suits are more or less the same.

(3.) SHRI Narankar Singh died on 20th January 2002 leaving behind his wife, three sons and one daughter. His two sons Shri Sukhdev Singh and Shri Manjit Singh along with their mother, Smt. Vinder Kaur, filed CS (OS) No. 1196 of 1988 seeking partition, declaration and permanent injunction in respect of the properties including the suit property. A preliminary decree of partition was passed on 8th May 2007 in the said suit with the consent of the parties and their respective shares were determined in terms of the chart submitted to the Court. Prior to the preliminary decree, Shri Manjit Singh and Shri Sukhdev Singh executed a relinquishment deed dated 31st May 2005 relinquishing their shares in all the properties including the suit property in favour of Shri Purshotam alias Shri Prachotam Srichawla, the Defendant in CS (OS) No. 1233 of 2008. Thereafter, on 6th August 2005, Shri Manjit Singh and Shri Sukhdev Singh filed IA No. 6402 of 2005 seeking to withdraw CS (OS) No. 1196 of 1988. Plaintiff Nos. 2 to 5 were parties to the suit as legal representatives ('LRs') of Defendant No. 3 in the said suit. The LRs of Defendant No. 3 made a statement on 1st September 2005 that they should be transposed as Plaintiffs. On 25th April 2008, an order was passed in IA No. 6402 of 2005 permitting the Plaintiffs to withdraw the suit and dismissing the suit as withdrawn. In the said order, the Court recorded the submission of learned counsel for Shri Manjit Singh and Shri. Sukhdev Singh that they had executed deeds of relinquishment in favour of Shri Purshotam Chawla. It may be noted that the suits filed by the Plaintiffs challenging the relinquishment deeds dated 31st May 2005 in favour of Shri Purshotam Chawla were dismissed by this Court by a judgment dated 8th November 2013 in CS (OS) Nos. 1228 of 2008, 1230 of 2008, 1420 of 2008, 1421 of 2008, 1433 of 2008 and 1434 of 2008.