SUNITA Vs. LEKH RAJ ORS

JUDGEMENT

(1.) The plaintiff has sued for partition of property No.W-121, Mayapuri Industrial Area, Phase-II, New Delhi-110065 impleading her brother Lekh Raj as defendant No.1, Nirmala Devi as defendant No.2, Gulshan Khanna as defendant No.3, Harish as defendant No.4 and Anoop as defendant No.5.

(2.) It is the case of the plaintiff (i) that the aforesaid property was owned by Bhagwan Dass who died on 1st January, 1987; (ii) that the plaintiff is the daughter of Om Prakash, brother of Bhagwan Dass; (iii) that Bhagwan Dass, besides the father of the plaintiff had three other brothers namely Ghamandi Lal, Harnam Dass and Ravi Prakash; (iv) that the defendant No.2 Nirmala Devi is the daughter of Ghamandi Lal; (v) that the other two brothers of Bhagwan Dass namely Harnam Dass and Ravi Prakash have also died and "as per the knowledge of the plaintiff, they are not survived by any legal heirs"; (vi) that the defendant No.1, brother of the plaintiff, along with one Shyam Babu propounded a Will dated 18th October, 1985 of Bhagwan Dass and sought probate thereof and which was granted on 2nd August, 1988; (vii) that even before the grant of probate, the defendant No.1 and Shyam Babu sold the property to Shyam Lal being the predecessor of the defendants No.3 to 5 herein; (viii) that the defendant No.2 applied for revocation of the probate, claiming to be the adopted daughter of Bhagwan Dass and the application for revocation was allowed on 28th October, 1997 and the probate petition tried again and ultimately dismissed on 10th August, 2004.

(3.) It is the plea of the plaintiff that she is a Class II heir of Bhagwan Dass.