ESTATE OF MEERA MALHOTRA Vs. VIJAY DIXIT

JUDGEMENT

(1.) THE plaintiff in the suit claims to be the "Estate of Ms. Meera Malhotra" who died on 11.11.1999. It is contended that probate proceedings in respect of her estate are pending on the file of the District Judge, Delhi and that in those proceedings, an application for appointment of a Curator was filed, for litigation on behalf of her Estate, in the subject property which was disposed of by order dated 25-9-2002, allowing Ms. Indu Bala Malhotra, Smt. Rita Anand, S/Shri Deepak and Anil Malhotra, to file the present suit. The said four individuals are the children of late Inderjit Lal Malhotra.

(2.) THE suit claims partition and possession of 1/4th share of the estate of late Ms. Malhotra, in respect of the freehold rights of F-5, East of Kailash, New Delhi ("the suit property"). That property was owned by late Charanjit Lal Malhotra, (hereafter "Charanjit Lal") father of Ms. Meera Malhotra, and of Bikramjit Lal Malhotra, Ranjit Lal Malhotra, and late Inderjit Lal Malhotra. The plaintiffs (suing on behalf of estate of Ms. Malhotra) are the children of another son of the said Charanjit Lal. The suit averments are that the first defendant had entered into an agreement, after the death of Charanjit Lal Malhotra, for purchase of the suit property, with some of the heirs of the said Charanjit Lal. Accoding to the plaintiff, Charanjit Lal used to own some landed property in Kilokri Village, near Friends colony, which was acquired by the government. A rehabilitation scheme had been framed, enabling landowners (whose properties were acquired) to alternative plots. The said Charanjit Lal, was thus, allotted the suit property, with leasehold rights, through a registered lease deed, dated 28-12- 1972. The plaint describes an alleged will, which says the plaintiff, entitled the late Ms. Meera Malhotra, to equal share (1/4th) in respect of the said suit property.

(3.) THE suit thereafter describes various legal proceedings, including the probate petition, and three other suits, on the file of the Additional District and Civil Judges. It is alleged that the Delhi Development Authority ("DDA") illegally and without any justification cancelled the leasehold rights in respect of the suit property, on 13-2-2002. The plaintiff says that the said cancellation is null and void.