PRABHJOT SINGH KOHLI Vs. RAGHBIR SINGH & ORS

JUDGEMENT

(1.) I.A. No.1432/2018 (exemption) Exemption allowed subject to just exceptions.

(2.) This suit for partition and injunction is filed by the plaintiff who is the son of Sh. Mohan Singh Kohli. Sh. Mohan Singh Kohli was the son of late Sh. Jagat Singh Kohli and whose three properties are subject matter of the present suit for partition. The plaintiff's father and defendant nos.1 to 8 in the suit are children of late Sh. Jagat Singh Kohli. Plaintiff along with defendant nos.9 to 17 are the grandchildren and great grandchildren of Sh. Jagat Singh Kohli from the branch of the son Sh. Mohan Singh Kohli. As per the plaint, admittedly Sh. Jagat Singh Kohli died on 19.11.1996 and before his death he had executed two Wills. One Will is dated 2.1.1989 and the second Will is dated 5.6.1996. There were a total of five properties which were owned by late Sh. Jagat Singh Kohli at the time of his death and these properties are stated in para 3 of the plaint as under:-

(3.) In terms of the first Will of Sh. Jagat Singh Kohli dated 2.1.1989, the aforesaid five properties were divided between his children and grandchildren as stated in detail in the Will dated 2.1.1989. The second Will dated 5.6.1996 deals with two out of five properties being CW-227, Sanjay Gandhi Transport Nagar, New Delhi (120 sq. mtrs.) and CW-193, Sanjay Gandhi Transport Nagar, New Delhi( 120 sq. mtrs.) and which were also the subject matter of bequest under the first Will dated 2.1.1989. This second Will dated 5.6.1996 of late Sh. Jagat Singh Kohli reads as under:-