AJIT SINGH Vs. ADARSH KAUR GILL

JUDGEMENT

(1.) This order shall dispose of the aforesaid IAs filed in Suit No. 2167/1993.

(2.) The facts relevant for the disposal of these applications, briefly stated, are that the plaintiff, since deceased and now represented by LR (originally defendant No. 3), has filed a suit for partition, rendition of accounts, declaration and permanent injunction in respect of property No. 3, South End Road, New Delhi, which was left behind by his sister, deceased late Avinash Kaur. The deceased plaintiff Ajit Singh, defendant No. 1 Adarsh Kaur Gill and defendant Surjit Kaur Gill (now impleaded as plaintiff), were brother and sisters of deceased late Avinash Kaur. Defendant No. 2 is the daughter of defendant No. 1 Adarsh Kaur Gill and the defendant No. 3 Gurinder Singh Gill is a nephew of late Avinash Kaur. An unmarried son of deceased Avinash Kaur named Kamal Kishore Bindal was also impleaded as a defendant initially but during the pendency of the suit, he died leaving behind no LRs.

(3.) According to the plaintiff, late Avinash Kaur had married one Seth Shiv Prasad in the year 1953. Late Kamal Kishore Bindal was the son of Seth Shiv Prasad from late Avinash Kaur, who had seven other sons also from his first wife. Seth Shiv Prasad was a rich man. He transferred lot of moveable and immovable properties in favour of Late Avinash Kaur. From the amounts gifted by him, late Avinash Kaur purchased the suit property in January, 1956. According to the plaintiff, late Avinash Kaur expired leaving behind a registered Will dated 6.2.1973 and a Codicil according to which all her movable and immovable properties including the suit property were to devolve upon the parties to the suit. It is also pleaded that late Avinash Kaur was in exclusive possession and was residing in the suit property and had even let out the said property to Vietnam Embassy. She had earlier rented out a part of the said property, i.e., Guest House to Lord Krishna Sugar Mills also vide a Lease Deed dated 14.12.1956.