TANI SANDHU BHARGAVA Vs. SHUMITA DIDI SANDHU

JUDGEMENT

(1.) The application being I.A. 13850/2021 under Order I Rule 10 read with Sec. 151 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'CPC') has been filed on behalf of Ms. Zoya Mohan Nursingh, to be impleaded as a party and I.A. No. 11075/2022 under Order I Rule 10, Order XXXII Rule 1 read with Sec. 151 of the CPC, has been filed by Ms. Salina Singh Sandhu d/o Late Sh. Sanjay Singh Sandhu, through her maternal grandmother Ms. Rajni Tyagi, to be impleaded as a party to the present suit with an accompanied with an application being I.A. 11076/2022 under Order XXXII Rule 3 read with Sec. 151 of CPC, filed on behalf of Ms. Rajni Tyagi, to be appointed as the guardian ad-litim of the applicant Ms. Salina Singh Sandhu.

(2.) Ms. Zoya Mohan Nursingh in her application has asserted that the suit property i.e. the Ground Floor of Block No. 172, Plot No. 202, JorBagh, New Delhi - 110003, comprising three bedrooms with attached bathrooms. Drawing Room, Dining Room, One Kitchen, Front Lawn, Back Courtyard, One Car Parking, One Servant Room with common Bath and Toilet on the right side of the terrace above Third Floor of Block No. 172, Plot No. 202, JorBagh, New Delhi, is an HUF property having been purchased by Late Sh. Hardev Singh, father of applicant Ms. Zoya Mohan Nursingh and grandfather of applicant Ms. Salina Singh Sandhu, from the proceeds of ancestral properties of the family. It is submitted that though the property had been purchased by their father in the name of mother Late Smt. Sheila Sandhu, but it does not change the character of the property even if the Sale Deed was executed in her name. Thus, the suit property being an ancestral property, Late Smt. Sheila Sandhu, the mother of applicant Ms. Zoya Mohan Nursingh and grandmother of applicant Ms. Salina Singh Sandhu, did not have the right to bequeath the same to the plaintiff.

(3.) It is asserted that Ms. Zoya Mohan Nursingh and Mr. Sanjay Singh, father of applicant Ms. Salina Singh Sandhu, being the Class I heirs of Mr. Hardev Singh, have a right, title and interest in the suit property, therefore, they both by way of their respective applications, have sought their impleadment in the present suit.