CHARAN INDERPAL SINGH Vs. GURPAL SINGH

JUDGEMENT

(1.) BY this petition, the petitioner has assailed an order of learned ADJ whereby an application under Order 11 Rule 1, 2 and 12 read with section 151 CPC moved by the petitioner (defendant before the Trial Court) was dismissed.

(2.) THE respondent had filed a suit against the petitioner for recovery of possession and mesne profits claiming himself to be the owner of the first floor of the property No. H-21, Kailash Colony, New Delhi on the basis of a 'will' dated 6th February, 1999 executed by Smt. Ishar Kaur, mother of parties, who expired on 23rd December, 2001.

(3.) IN the WS, defendant admitted execution of the 'will' by mother of parties, but claimed that parties to the suit and their brother Maninder Pal singh were having their business and a residential house at Alwar and at the time of death of mother of parties, the ground floor of Kailash Colony house was in tenancy of the tenant. He claimed that the ground floor of Alwar house was constructed in the year 1981 with the funds provided by him as well as by their mother and brother N. P. Singh and no funds of plaintiff were utilized. It was mutually decided and settled that plaintiff would take the entire ground floor of Alwar house of the defendant and defendant in lieu thereof would keep the suit property belonging to the plaintiff and therefore the plaintiff was debarred from resiling this settlement.