ROHINTON EDALJI Vs. ARVIND RAI

JUDGEMENT

(1.) The present petition challenges the impugned order dated 13 th August, 2018, by which the Petitioner's application under Section 195 of the Indian Succession Act, 1925, for appointment of a Curator, was rejected by the ld. Trial Court.

(2.) The background of the present proceedings is that one Ms. Piroja Edalji and Mr. Hoshang Edalji were 50% owners of property bearing No.213 (lower ground floor), Kailash Hills, New Delhi - 110065 (hereinafter, "suit property"). Ms. Piroja Edalji passed away on 19th December, 2012, leaving behind two daughters and two sons. The Petitioner is one of the sons of Ms. Piroja Edalji and the brother of Mr. Hoshang Edalji. Mr. Hoshang Edalji passed away on 29th March, 2018, in Delhi. He used to reside in the suit property.

(3.) After the death of Mr. Hoshang Edalji, disputes arose between the Petitioner and his family and Respondent No.2 - Mr. Babulal, who was working as the domestic help of Mr. Hoshang Edalji. It is not disputed that Respondent No.2 was working as the domestic help of Mr. Hoshang Edalji since 1994. Respondent No.1 - Mr. Arvind Rai is the son of Respondent No. 2 - Mr. Babu Lal and Respondent No.3 - Ms. Phoolwati is the wife of Mr. Babu Lal.