SATISH CHAND GUPTA Vs. SARVESH CHAND GUPTA

JUDGEMENT

(1.) In order to understand the controversy let me give the pedigree of the parties : <FRM>JUDGEMENT_186_DLT26_1984Html1.htm</FRM>

(2.) Lala Bengali Mal had vast properties. He disrupted his joint Hindu family in 1935 and the same year converted his firm Lachman Das Ram Chand into a company and registered it under the Companies Act. Coparceners became shareholders. Bengali Mal died on 24-7-37. The company was thereafter dissolved and the assets were partitioned among the shareholders under an instrument of partition executed on 28-11-1941. In accordance with this deed, life estate was conferred on Vidyawati widow of Bengali Mal in certain properties and it was provided that on her death l/3rd on Gian Wati and her sons and l/3rd on Kamla Rani and her sons. It is significant that sons of Bengali Mal have been deprived of their share in the property of Vidyawati and the same had been settled on their wives and sons. After the coming into force of the Hindu Succession Act, 1956 Mst. Vidyawati became full owner of the property and in virtue of the newly acquired right, she made a will on 18th December, 1959 and got it registered. Accordingly to this will, the property was devised into certain shares in favour of the families of Harish Chand and Tara Chand. But it is alleged that she superseded this will by another one on 28-3-1960 which she deposited with the Registrar. She died on 2-1-1966. The will was depend on 7-2-1966 and was subsequently registered on 16-2-1966. According to this will, she bequeathed her property exclusively to Gianwati and her sons Gianwati was appointed executor of the will.

(3.) Kamla Rani filed a suit against the other claimants in the year 1967 for partition of the family properties in which one of the issues framed was whether the plaintiffs are in joint possession of the properties in the suit? This court by order dated 31-7-1972 held that all the parties to the suit are all co-owners and possession of one will ensure to the benefit of the others. One of the properties included is B-39 Connaught Place, New Delhi. The defendants M/s. Standard Service station were the tenants thereof.