Delhi District Court
Vide This Order vs State 1/5 on 18 November, 2015
IN THE COURT OF SH. SANJAY KUMAR, ADDITIONAL
DISTRICT JUDGE-02, WEST, DELHI.
M-24/10
Gurdev Singh
vs.
State
ORDER
18.11.2015
1. Vide this order, I shall decide application filed by one Sh.Bishamber Nath Batra and Smt. Kiran Batra under Order 1 Rule 10 read with Section 151 CPC.
2. In brief, it is stated that a revocation petition under Section 263 of Indian Succession Act filed by Sh. Surjit Singh and Sh. Surinder Singh claiming to be the LRs of deceased late Sh. Gurbax Singh, testator of Will dated 06.01.1981. On which basis, the then Ld. District Judge Sh.M.A. Khan decided the petition vide order dated 12.10.1999. Later on letter of administration was issued on 25.09.2008 by the then Ld. Judge Sh. Ravinder Kumar Dudeja. Both applicants state that they are the bonafide purchasers of property no. 10/5, 10/6, 10/7, Ramesh Nagar by entering into registered sale transaction dated 05.05.2011, 05.05.2011 and 18.07.2011 respectively with Sh. Gurdev Singh, who is the beneficiary of above said Will of deceased Sh. Gurbax Singh. It is stated that both applicants came to know that Sh. Gurdev Singh and applicants in revocation petition Sh. Surjit M-24/10 Gurdev Singh vs. State 1/5 Singh and Sh. Surinder Singh tactically reached an understanding to defeat the rights of applicants by compromising the present petition. It is stated that on the basis of sale transactions with Sh. Gurdev Singh, the applicants have developed caveatable interest in the present proceedings and steps into shoes of Sh. Gurdev Singh. Therefore, they are necessary and proper party for adjudication of present revocation petition. The present contest between Sh. Gurdev Singh and Sh. Surjit Singh & Sh.Surinder Singh is collusive and malafide.
3. It is stated that both applicants have filed civil suits for specific performance before the Hon'ble High Court where vide order dated 13.05.2014, the Hon'ble High Court has passed injunction orders. It is stated that both applicants Sh. Bishember Nath Batra and Smt. Kiran Batra may be impleaded as necessary and property party.
4. Sh. Gurdev Singh, respondent in the revocation petition filed reply, in which preliminary objections are taken that applicants have already filed three false and fictitious suits for specific performance in regard to property in question before the Hon'ble High Court. There is status quo orders passed by Hon'ble High Court in said cases. Therefore, the applicants have no right to be impleaded under Order 1 Rule 10 CPC in the present proceedings. Therefore, the application is liable to be dismissed. It is stated that the applicants have no right to challenge the probate and letter of administration. Therefore, application is liable to be dismissed. On merits, it is specifically denied that Sh. Gurdev M-24/10 Gurdev Singh vs. State 2/5 Singh has entered into any compromise with Sh. Surjit Singh and Sh. Surinder Singh in the revocation petition. On merit, all the averments denied and it is stated that application is liable to be dismissed.
5. Sh. Surinder Singh and Sh. Surjit Singh also filed reply and submitted that the correct facts are that late Sh.Gurbax Singh died intestate on 27.12.1990 at Sri Ganga Nagar, Rajasthan leaving behind six legal heirs, namely, Smt.Joginder Kaur (wife), Upkar Kaur (Daughter), Harvinder Kaur (Daughter), Surinder Singh (Son), Surjeet singh (son) and Harjit Singh (son). Later on Smt. Joginder Kaur, Upkar Kaur and Harvinder Kaur relinquished their undivided shares in favour of Sh. Surinder Singh and Sh. Surjit Singh - applicants. Subsequently, in the leasehold rights before L & DO, both were substituted.
6. It is stated that both sold the property in question to Sh. Prem Khurana, Dr. V.P. Gupta and Sh. Sanjay Dhingra vide duly registered agreement to sell, GPA, Special Power of Attorney, all dated 26.02.2008 and handed over the possession of said plots respectively to each individual buyer.
7. It is further stated that the alleged Will dated 06.01.1981 is forged and fabricated and death certificate dated 26.05.1983 is also forged and fabricated. There is a collusion between Sh. Gurdev Singh and Sh. Bishember Nath Batra and Smt. Kiran Batra. Sh. Gurdev Singh obtained probate/ letter of administration on the basis of forged and fabricated documents. It is stated that the possession of M-24/10 Gurdev Singh vs. State 3/5 property in question was remained throughout with the answering applicants and handed over to buyers, namely, Sh. Prem Khurana, Dr. V.P. Gupta and Sh. Sanjay Dhingra. There is no question of conversion of the properties in question into freehold or installation of electricity meters as they were lying as open plots. Although both were residing at Rajasthan.
8. It is stated that the proposed applicants are land grabber and acting in collusion with Sh. Gurdev Singh on the basis of forged and fabricated documents. It is further stated that Sh. Gurdev Singh himself does not have any right, title or interest in the property in question, therefore, he cannot transfer any right, title or interest to proposed applicants. In transaction between Sh. Gurdev Singh and proposed applications is illegal, null and void. It is stated that application is liable to be dismissed.
9. I have heard Sh. Sudeep Singh, Ld. Counsel for the applicants in application U/O 1 Rule 10 CPC, Sh. Arun Vashisth, Ld. Counsel for the petitioners/applicants and Sh.Ravi Gupta, Ld. Counsel for the respondent and perused the record.
10. The applicants Sh. Bishamber Nath Batra and Smt.Kiran Batra are alleged buyers of property bearing no. 10/5, 10/6, 10/7, Ramesh Nagar, Delhi after entering into agreement to sell with Sh. Gurdev Singh. Sh. Gurdev Singh is the beneficiary of the Will of deceased late Sh. Gurbax Singh vide judgment by the then Ld. District Judge, Sh. M.A. Khan dated 12.10.1999. It is pertinent to mention here that both M-24/10 Gurdev Singh vs. State 4/5 the applicants have filed orders of civil suits filed by them before Hon'ble High Court i.e. CS (OS) no. 1395/14 titled 'Kiran Batra vs. Gurdev Singh' and CS (OS) no. 1394 titled 'Bishambar Nath Batra vs. Gurdev Singh'. The Hon'ble High Court has already granted an ex-parte stay in their favour. Fundamentally, both the applicants are claiming their right, title and possession of the above said properties. The law is well settled that before Probate Court, no suit for title, ownership and right in respect of property would be competent. The Probate Court would not determine the rights in this regard. Both the applicants have already taken appropriate legal steps before the Hon'ble High Court to protect their legal rights against Sh. Gurdev Singh. The present revocation petition is between the alleged LRs of deceased late Sh. Gurbax Singh and the beneficiary Sh. Gurdev Singh and this court is not going to decide the title, ownership or legal rights of either of the parties in respect of property in question. Hence, in these circumstances, both the applicants are not necessary and proper parties for adjudication of revocation application/ petition.
11. On the basis of above observation and discussion, the application filed by one Sh.Bishamber Nath Batra and Smt. Kiran Batra under Order 1 Rule 10 read with Section 151 CPC, is dismissed.
Announced in the open court today the 18th November, 2015.
(Sanjay Kumar)
ADJ-02,West/Delhi
18.11.2015
M-24/10 Gurdev Singh vs. State 5/5