BAWA DARBARA SINGH BEDI Vs. JOGINDER SINGH BEDI

JUDGEMENT

(1.) .The present suit is filed by the plaintiff, Bawa Darbara Singh Bedi, against the defendants Shri Joginder Singh Bedi and Smt. Nirmal Jyot Ahuja, who are the son and daughter of the plaintiff. The prayer in the suit is for declaration against the defendants, declaring that the plaintiff has the right to demarcate the ground floor premises of property situated at 70, Malcha Marg,Chankyapuri, New Delhi, and to execute a Codicil by way of supplement to theWill dated December21, 1984, executed by the plaintiff, in terms of the compromise dated January 4, 1985,between the parties. It will be relevant to reproduce the prayer clause, which reads as follows:-

(2.) .The defendant no. I had filed a suit bearing No.443 of 1984 in this Court, seeking partition of various properties, including the property 70, Malcha Marg, Chanakyapuri, New Delhi, against the plaintiff and his other sons, who are brothers of defendant no. I. The plaintiff and his other sons, who were defendants in the said suit contested the suit and denied that defendant no. 1 had any right, title and interest in the property in suit, including the residential property No.70, Malcha Marg, New Delhi. It was the case of the plaintiff and others in the said suit, that the above said residential property was the exclusive personal property of the plaintiff and defendant no. I had no right,title and interest in the same. Thereafter, an application under Order 23 Rule 3 and Section 151 Civil Procedure Code . was moved before this Court to the effect that the plaintiff and the defendants had arrived at a settlement and decree in terms of the same be passed accordingly.

(3.) .The plaintiff has further averred in paragraph 7 of the plaint as follows:- "7. That one of the terms of the compromise arrived at as aforesaid among all the members of the family was as follows:-