MOHINDER KAUR CHHATWAL Vs. SARDAR SARWAN SINGH BANDA

JUDGEMENT

(1.) THE plaintiffs seek a decree for partition of immovable property B -42 Defence Colony, New Delhi and a decree for rendition of accounts against defendants for the rents realized by the first defendant from various tenants from 1982. To effectuate these reliefs, appointment of Commissioners, are also sought for.

(2.) THE plaint averments are that the first plaintiff's husband, (also the second plaintiff's father, Sardar Surjeet Singh Chatwal), was the son of Major (Dr.) Balwant Singh Banda. The first and the second defendants were his other sons. Major (Dr.) Balwant Singh Banda's was married to Sardarni Onkar Kaur; the suit property was his self -acquired asset, upon which he constructed a residential building. He died on 14.02.1979. Before his death, he executed a Will dated 11.10.1974, which was registered on 01.11.1974, by the Sub -Registrar, Delhi. According to the bequest, the property was to devolve upon his three sons namely the Sardar Surjit Singh Chatwal, and the defendants. The testator also granted a share to his widow Sardarni Onkar Kaur with the specific condition that after her death her share would devolve in equal shares upon the other heirs, the sons. The Will also explicitly precluded any interest in the property devolving upon the testator's daughters. The Will desired division of suit property in the following manner:

(3.) THE second defendant has supported the plaintiffs stand and averred that the Will of Major (Dr.) Balwant Singh Banda is genuine and binding on all the parties; he also avers to the entitlement of 1/3 share of the two defendants and one such 1/3 share to the plaintiffs. The second defendant also affirms that settlement efforts were made by one Lt. General Joginder Singh, who intervened to resolve the disputes amicably and his (the second defendant's) willingness to adhere to such terms.