ROMESH KOHLI Vs. BHOJ RAJ KOHLI

JUDGEMENT

(1.) By this order I propose to decide the preliminary issue as to the maintainability of the suit as well as I.A. 10198/94 which is anapplication moved by the defendants 1,2 and 4 for rejection of the plaint.

(2.) Let me briefly recapitulate the facts:-

(3.) Let us consider the matter in the light of the foregoing. Admittedly no relinquishment Deed has been produced by the plaintiff. Sh. Dalip Rai Kohli, the surviving brother has himself stated on oath that there was no occasion for him to relinquish his interest in the estate of his deceased brother. Although Sh. Dalip Rai Kohli has stated about the Will being in favour of the defendant No. I, the same is required to be proved in appropriate proceedings. Without going into the question of the genuineness of the Will or otherwise, it is clear that there has been no relinquishment by Sh. Dalip Rai Kohli. Apart from the fact that there could not be any relinquishment of immovable property orally, even the said oral relinquishment had been denied by Shri Dilip Rai Kohli.