SAVITA KHANNA Vs. SUBASH CHANDER KHANNA

JUDGEMENT

(1.) This order will govern the disposal of IAS 6339/89 & 10794/93.

(2.) Suit was filed alleging that property No. 34/25, West Patel Nagar, New Delhi was owned by Kanwal Nain Khanna, father-in-law of plaintiff No. 1 and grandfather of plaintiffs 2 & 3. He died in 1982 leaving behind his wife Smt. Ishwari Devi, two sons Rajinder Kumar Khanna and the defendant and the three daughters. Rajinder Kumar died in a road accident on 4.1.89 and plaintiff No. 1 is his wife while plaintiff 2 & 3 are his minor children. It is alleged that during his lifetime aforesaid Kanwal Nain Khanna had executed a Will bequeathing the suit property in favour of his aforementioned two sons in equal shares. After his death. Plaintiff are jointly the owners of 112 share while the remaining 1/2 is owned by the defendant. It is stated that after the death of said Rajinder Kumar Khanna, defendant has started denying plaintiff's title to 1/2 share in the suit property. Defendant has also started threatening that he would sell the entire property as a result whereof plaintiff shall suffer irreparable loss. It was prayed that a preliminary decree be passed in favour of the plaintiffs holding that they are jointly entitled to 1/2 share in suit property No. 34/25, West Patel Nagar and a Local Commissioner be appointed to suggest mode of partition of the property.

(3.) Alongwith palint, IA 6339/89 under Order XXXIX Rules 1 & 2 read with Section 151 Civil Procedure Code was filed by the plaintiffs seeking to restrain the defendant from transferring, alienating or parting with possession of any portion of the suit property pending suit. In continuation of this IA, IA No. 10794/93 under Order XXXIX Rules 1 & 2 read with Section 151 Civil Procedure Code, was further filed by the plaintiffs seeking identical relief. In the latter IA, by an order dated 16th December, 1993 parties were directed to maintain status-quo regarding possession of the suit property.