PRAN NATH KAUSHAK Vs. RAJINDER NATH KAUSHAK

JUDGEMENT

(1.) It is not unoften that when a person tries to over-reach and deprive the others of their share in property, the action recoils and he turns out to be the worst loser. That is what is sometimes called the inevitable run of 'KARMA'.

(2.) Pt. Som Dutt Kaushik, who retired as an Under-Secretary in the Government of India obtained a perpetual lease of the plot bearing No. 215 Jor Bagh, New Delhi in 1954 and paid Rs. 6,850.00. Soon thereafter he constructed a double storeyed house thereon with a barsati on the second floor at a cost of about Rs. 47,000.00. The entire family which was constituted of Pt. Som Dutt, his three sons and one daughter started residing in the same. Som Dutt's wife had died much earlier in the forties. Som Dutt himself died in April, 1962.

(3.) As a result of an arbitration between the four children of Som Dutt, an award was given in March 1963 and got registered. It was later made a rule of the Court. In terms thereof, each of the three brothers got equal share in the property and the sister purported to relinquish her claim in the same.