MOHINDER KAUR DHILLON Vs. SAWINDER KAUR DHILLON

JUDGEMENT

(1.) THIS appeal, preferred under Section 96 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 24.01.2002, passed by Addl. District Judge/III F.T.C., Dehradun, in Original Suit No. 01 of 1998, whereby the petition for grant of succession certificate filed by the appellant was dismissed (The application for grant of succession certificate, when contested seriously, was registered as suit by the trial Court).

(2.) HEARD learned counsel for the parties and perused the record.

(3.) THE respondents Sawinder Kaur Dhillon and Jagjit Kaur contested the application for grant of succession certificate and filed their objections in which they alleged that though S. Gurdeep Singh Dhillon died at Dehradun on 24.09.1977, but he was resident of Amritsar, as such, the Court at Dehradun had no jurisdiction to entertain the petition/suit for grant of succession certificate in respect of property situated at Delhi. The two respondents specifically denied having entered into alleged family arrangement dated 09.01.1982. It is specifically stated by them in their objections that property flat No. R-791 (ground floor) New Rajendra Nagar, New Delhi, never fallen in the share of the appellant No. 1. It is further alleged by the two respondents that the appellant No. 1 has concealed Will dated 04.06.1976 executed by S. Gurdeep Singh Dhillon before his death by which he bequeathed property situated at Dehradun in favour of the appellant No. 1, and remaining property in favour of his two sons namely, Lt. Col. Harbhajan Singh and S. Mohinder S. Dhillon. After death of S. Mohinder Singh Dhillon, his share was inherited by respondents Smt. Jagjit Kaur and her children namely, Smt. Kawalinder Kaur and Ruby 5 Gill. After death of Lt. Col. Harbhajan Singh Dhillon his share was inherited by his widow respondent Sawinder Kaur and his son Col. Surjeet Singh Dhillon and two daughters namely, Sukhbhajan Kaur and Smt. Inderjeet Kaur. Also, the share of predeceased son of S. Gurdeep Singh Dhillon was inherited by his widow Smt. Jatinder Kaur. The respondents in their objections pleaded that earlier, an application under Section 372 of the Indian Succession Act, 1925, was moved before Senior Sub Judge, Amritsar, which was registered as Case No. 05 of 1980 to which present appellant No. 1 was also a party. It is alleged that the appellant No. 1 has concealed said fact.