JAGMOHAN SINGH KOCHHAR Vs. SATWANT SINGH KOCHHAR

JUDGEMENT

(1.) THE present suit for partition in respect of ground floor portion of property No. 126, Sunder Nagar, New Delhi (hereinafter referred to as the "suit property") has been filed by the plaintiff claiming one -half share in the property on the basis of (purported) Will dated 15th November, 1992 (hereinafter referred to as the "Alleged Will").

(2.) PLAINTIFF 's Case as per Plaint

(3.) IN the replication on behalf of the plaintiff to the written statement of the defendant, the plaintiff has denied all averments. It is alleged that it is the defendant who fabricated the Will dated 26th September, 2007 of Late Gurmukh Singh. The plaintiff's Will is genuine and true Will. It was denied that the alleged Will has been drafted by Sh. O.N. Vohra. It is also denied that the said alleged Will has been witnessed by one Sh. R.L. Sehgal as alleged. It is submitted that inspite of the directions the defendant has failed to produce the original of the alleged Will dated 26th September, 1987. It is submitted that if the defendant has acted as a legal representative of the deceased Gurmukh Singh, he has acted illegally and without any authority. The alleged Will dated 26th September, 1987 is a fabricated and forged Will and it does not give any authority to the defendant to act as a legal representative of the deceased. It is denied in the replication that late Gurmukh Singh was not in talking terms with S. Jaswant Kochhar and his family. It is denied that Gurmukh Singh lived all his life with Darshan Singh Kochhar and his family as alleged. Referring other litigations has no relevance. It is denied that the defendant has bequeathed the property in question through Gurmukh Singh vide his alleged Will dated 26th September, 1987. This statement is absolutely incorrect and false to the knowledge of the defendant. The last Will of the deceased is dated 15th November, 1992 which is the subject matter of the present suit.