RAJ KISHORE Vs. RAM KISHORE

JUDGEMENT

(1.) On March 28, 1989, plaintiff filed suit for partition etc. claiming 1/9 share in properties No. 1062-1063-1064, Gandhi Gali, Fateh Puri, he being one of the legal heirs of Kanwar Kishore who died on March, 7,1989. On May 12, 1989, present I.A. for amendment of the plaint was filed by the plaintiff seeking to challenge the Will dated April 12, 1985 allegedly left behind by aforesaid Kanwar Kishore and implead Raj Karan Mehra, Bharat Mehra and Rajat Mehra as defendants 2 (A) to 2 (C). 1/3 share instead of 1/9 in the said properties was further claimed on the basis of the Will dated March 23, 1981 executed by said Kanwar Kishore.

(2.) In their reply contesting defendants 1 and 2 have alleged that Kanwar Kishore, father of the plaintiff and defendants 1 and 2 executed a Will dated April 12, 1985 which was registered on May 1, 1985 with the Sub-Registrar, Sub-District No. 1, Delhi. Dr. S.K. Sama, Surinder Kapoor, Ram Rattan Kapoor and Har Mohan are the attesting witnesses to the Will. As per this Will one-half undivided portion in properties No. 1063-1064 Gandhi Gali has been bequeathed to defendant No. 1 while the remaining half to the grand sons of defendant No. 2. Property No. 1062 has been bequeathed in favour of the plaintiff. It is alleged that the Kirya ceremony of Kanwar Kishore was performed on March 18, 1989 and after the ceremony was over a copy of the aforesaid Will dated April 12, 1985 was given to the plaintiff in the presence of Ram Mohan and Praveen Kapoor and the same was read by Naresh Bansal. On enquiry, details about the tenants in property No. 1062 were told to the plaintiff. Thereafter on March 25 and 27, 1989, plaintiff telephoned defendant No. 1 that he wanted to see the original Will and the plaintiff was told by defendant No. 1 that the same was with defendant No.

(3.) On March 23, 1989, plaintiff filed application for obtaining copy of the death certificate in the office of the Corporation. It is further alleged that the plaintiff through Vinod Kumar, typist filed application accompanied by a copy of the death certificate of Kanwar Kishore for obtaining the certified copies of the Will dated April 12, 1985 and the earlier Will dated March 12, 1981 of which mention was made in the Will dated April 12, 1985. Further, in his reply dated August 3, 1989 to I.A. No. 4246/89 plaintiff has admitted having prepared a typed note for the advice of his Advocate and the hand written note prepared by his Advocate as per the information given by him. Plaintiff thus knew about both the Wills before the filing of the suit. Despite this knowledge he made a false declaration in the plaint that Kanwar Kishore died intestate.