BALJIT KAUR SAHNI Vs. TARLOCHAN SINGH ANAND

JUDGEMENT

(1.) The plaintiff and defendant no.1 are in close relations viz. the plaintiff is the sister of defendant no.1 and added defendant no.4 Shri Balpritsingh is the son of the other deceased sister of plaintiff and defendant no.1. The plaintiff has filed the suit seeking declaration that the property as described in schedule 'A' are part of the estate of the deceased Mr. Biant Singh Mithasingh Anand and the plaintiff is entitled to a share in the suit property and entitled to possession and hold and enjoy the same. The suit for administration of the property of the deceased's estate was filed and accordingly, the plaintiff has sought direction that the estate of the deceased late Shri Biant Singh including the properties mentioned in Schedule 'A' be administrated and the properties coming to the share of the plaintiff be secured and the same be handed over to the plaintiff. The plaintiff has also sought for direction that the defendant no.1 be directed to render account of estate of the deceased in India and disclose on affidavit the assets of the deceased in his hand. The plaintiff has during the pendency of the suit, has prayed for the appointment of Court Receiver with all power under order 40 rule 1 of the C.P.C. including the power to take the charge of all proceedings of the deceased late Biantsingh including the properties mentioned in schedule 'A' to the plaint and sought relief that the plaintiff be put in possession of half portion of first floor of Anand Villa situated at plot no.63/B G-38, 15th Road, Santacruz including further the business lying and continued the remaining half portion to defendant no.1 with payment of any compensation, royalty, security deposits. She has further prayed to open the locker with the defendant no.2 Bank and to take inventory thereof and collect the rent in respect of the properties known as 'Anand Villa', 'Anand Mansion' and 'Anand Niwas' as per Schedule 'A' to the plaint. The plaintiff has also prayed for injunction restraining the defendant no.1, his wife, agent from preventing the plaintiff by heirs or her family members from entering into or remaining upon the said premises of first floor of 'Anand Villa' situated on plot no.G-38, 15th Road, Santacruz. She has also prayed for injunction restraining the Bank defendant nos. 2 and 3 and their officers and employees by an order of injunction from allowing the operation of locker no.572 with the defendant no.2 or from disbursing any amount of the deceased Binatsingh Mithasing lying deposited with the said Bank to defendant No.1 or any one else or allowing to anyone to operate any of the accounts of the deceased. The plaintiff has in support of her case, has placed reliance upon the documents as per the list of document. The schedule of property of the deceased is as per Schedule 'A' showing the various properties including the 'Anand-Villa' and the deceased's undivided share in the building known as 'Anand-Mansion' situated on plot no. 636, 8th Road, Khar, Mumbai and 1/3rd undivided share, right, title and interest of the building known as 'Anand-Niwas' situated at Ramdas Road, Karol Baug, Delhi with fittings and fixtures and other household articles lying on first floor of 'Anand-Villa' Mumbai and the contains of locker no. 572 in Punjab and Sindh Bank situated at Mumbai including the Government of India Bond of Rs. 1 crore and N.R.E. (Non-Resident External) Account with South India Bank and N.R.O. (Non-Resident Ordinary) Account with other assets if any lying elsewhere in India.

(2.) The plaintiff has verified the plaint and filed it on 22nd September 1997. At the instance of the plaintiff, the present motion is taken out by her and plaintiff has prayed that during the pendency of the suit, the Court Receiver be appointed with all powers under order 40 rule 1 of the C.P.C. and to take charge of all the properties of the deceased including the property mentioned in schedule 'A' to the plaint and sought for several reliefs as indicated in the motion viz. in terms of prayer clause (a), the plaintiff has sought for appointment of Court Receiver and by prayer (a)(i) the plaintiff has sought for relief that the plaintiff be put to possession of half portion of the first floor of 'Anand-Villa', situated at plot no.G-38, 15th road, Santacruz Mumbai including further fitting, fixtures lying there and remaining half portion be continued with the defendant no. 1 without any payment of compensation royalty and security deposit. By prayer (a)(ii) she has prayed for opening of the locker with the defendant no.2 Bank and to take inventory and as per the prayer clause a(iii) to collect the rent and properties in respect of the property known as 'Anand-Villa', 'Anand-Mansion' and 'Anand Niwas- as described in Exhibit A. By prayer (b) the plaintiff has sought for injunction which I have already highlighted earlier and by prayer (d) the plaintiff has prayed that the defendant no.2 and 3 Bank officials and employees be restrained by an order injunction from allowing the operation of locker no.572 with defendant no.2 Bank from disbursing any amount of late Biantsingh Anand. In support of her motion, an affidavit of the plaintiff is filed dated 22nd September 1997. Relying upon the averments made in the plaint, the plaintiff has averred and prayed for relief for appointment of Receiver and also seeking injunction etc. in respect of the estate of the deceased.

(3.) When the draft motion was notified before the Court on 25th September 1997, my brother Justice Deshpande has passed the order by consent, granted the relief in terms of prayer clauses (b) and (d) till the next date and certain direction was given to give particulars of deposit and accounts lying in the name of Biantsingh and by agreement of plaintiff and defendant no.1, it was agreed that in their presence and responsible officer of the Punjab and Sindh Bank, the safe deposit locker being locker no.572 standing in the name of deceased Biantsingh be opened on 3rd October 1997 and inventory be made by the Bank Officer which will be signed by the parties present and copy of such inventory be furnished to the plaintiff and defendant and or their advocates and copy of the same will be produced in the Court. So by consent of the defendant no.1, even at the time when the draft notice of motion moved by the plaintiff, the defendant no.1 till the hearing of the next date of motion, has agreed for injunction as prayed for by the plaintiff in terms of prayer clause (b) and further as per clause (d), it was agreed by the defendant in respect of the operation of the locker being locker no. 572 with Punjab and Sindh Bank defendant no.2. In view of the order passed on 25th September 1997, I am told that as per the Court's order the Bank locker was opened as directed by the Court and inventory was also taken and after taking the inventory the articles found were preserved and kept in the new locker in the Bank and side locker is sealed in presence of the parties i.e. the plaintiff and the defendant no.4 and key is kept with the Manager of the Bank.