Delhi High Court - Orders
Paramjit Singh vs Hardaman Singh & Ors on 7 March, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 166/2023
PARAMJIT SINGH ..... Plaintiff
Through: Mr. Hrishikesh Baruah, Advocate,
with Mr. Sumit Saini and Kshitij
Paliwal, Advocates.
versus
HARDAMAN SINGH & ORS. ..... Defendants
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.
Dhruv Chawla, Mr. Vaibhav
Chawla, Advocates for D-1 to 3.
Mr. Raman Kapur, Sr. Adv. with
Mr. Dhiraj Sachdeva, Advocates
for D-5&6.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 07.03.2023 I.A. 4545/2023 (for exemption) The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial. The application stands disposed of.
CS(OS) 166/2023
1. The plaint be registered as a suit. Mr. Dhruv Chawla, learned counsel, enters appearance on advance notice on behalf of the defendant Nos. 1 to 3, and waives formal service of summons. Mr. Dhiraj Sachdeva, Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 1 of 6 learned counsel, enters appearance on advance notice on behalf of the defendant Nos. 4 and 5, and waives formal service of summons. The said defendants may file their written statements within thirty days from today.
2. Defendant No. 4 be served through all permissible modes, as also through Mr. Nalin Tripathi, learned counsel, who is appearing on his behalf in CS(OS) 798/2022. Defendant No. 4 may file may his written statement within thirty days after service of summons.
3. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.
4. The plaintiff is at liberty to file replications thereto within fifteen days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
5. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
6. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
7. List before the Joint Registrar for marking of exhibits on 09.05.2023.
8. List before the Court on 23.05.2023.
I.A. 4544/2023 (under Order XXXIX Rules 1 and 2 read with Section 151 of CPC)
1. Issue notice. Mr. Chawla accepts notice on behalf of the defendant Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 2 of 6 Nos. 1 to 3 and Mr. Sachdeva accepts notice on behalf of the defendant Nos. 5 and 6. Defendant No.4 be served through all permissible modes.
2. By way of the present suit, the plaintiff- Paramjit Singh seeks the partition of the estate of late Smt. Darshan Kaur and other ancillary reliefs. He claims to be the biological son of Mr. Jeet Singh, who was the brother of late Smt. Darshan Kaur. According to the plaintiff, he was first adopted by Ms. Harbans Kaur, another sister of Mr. Jeet Singh, and subsequently adopted by Smt. Darshan Kaur herself.
3. The plaintiff relies upon a registered will of Smt. Darshan Kaur dated 27.03.2009, wherein she has bequeathed to him 25% share in various immovable properties enumerated in the recitals thereto, except the properties mentioned at serial Nos. 1, 7 and 8 thereof. As far as the property at serial No.1 of the will is concerned [8, Tolstoy Marg, Connaught Place, New Delhi-110001] ["the Tolstoy Marg Property"], the plaintiff claims to have inherited a portion of the Tolstoy Marg Property shown in red colour as per a map attached to the will. The map attached to the will has not been filed, as Mr. Hrishikesh Baruah, learned counsel for the plaintiff, states that the certified copy of the will was issued without the map.
4. Mr. Kirti Uppal, learned Senior Counsel for defendant Nos. 1 to 3, and, Mr. Raman Kapur, learned Senior Counsel for defendant Nos. 5 and 6, appear on advance notice. They submitted that late Smt. Darshan Kaur had, in fact, executed three later wills, the last of which was a registered will dated 24.03.2022, wherein she has left all her properties to the three children of her adopted daughter Smt. Harjeet Kaur Anand, who was the biological daughter of Smt. Harbans Kaur. A copy of the said document Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 3 of 6 has been handed up in Court, a copy whereof is taken on record. As far as the status of the plaintiff herein in the said will is concerned, it states as follows: -
"However, S. Paramjeet Singh S/o Late S. Harnam Singh along with his family are living in back courtyard of Bungalow No. 8 situated at Tolstoy Marg, Cannaught Place, New Delhi-110001 at my pleasure and will. They shall vacate the said portion of the above said premises within 30 days of my demise and simultaneously will be paid a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) by my grandchildren namely Sh. Hardaman Singh Anand, Smt. Punpreet Kaur Anand, and Smt. Ranmeet Kaur Chandhiok from my savings and other assets, and in case S. Paramjeet Singh and his family fails to vacate and hand over the peaceful vacant possession, then Sh. Hardaman Singh Anand, Smt. Punpreet Kaur Anand, and Smt. Ranmeet Kaur Chandhhiok shall have the right to evict S. Paramjeet Singh and his family through Court of Law."
5. The aforesaid document is also accompanied by a "Medical and Fitness Certificate" issued by one Dr. Ajmal Hussain, which states that Smt. Darshan Kaur had "good mental health and consciousness" at the time when the certificate was made, i.e., 21.03.2022.
6. According to Mr. Baruah, the plaintiff has no knowledge of any will subsequent to the will dated 27.03.2009, which has been placed on record with the present suit.
7. Mr. Uppal and Mr. Kapur have also drawn my attention to three documents which are a part of the plaintiff's list of documents itself, which, according to them, evidence Smt. Darshan Kaur's disaffection towards the plaintiff.
8. The first of these documents is an affidavit filed by Smt. Darshan Kaur in W.P.(CRL.) 1125/2018, which was filed by the plaintiff herein [page Nos. 123-127 of the plaintiff's list of documents]. In the said affidavit dated 23.04.2018, Smt. Darshan Kaur has categorically stated Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 4 of 6 that she and her husband late Shri Raghbir Singh had adopted Smt. Harjeet Kaur Anand as their only child. She has also stated that the plaintiff was wrongly claiming to be her son, whereas he was the adopted son of her sister Smt. Harbans Kaur and her husband Shri Harnam Singh. The affidavit also states that the plaintiff and his mother- Smt. Harbans Kaur started living with the Smt. Darshan Kaur and her late husband in the Tolstoy Marg Property, but she did not wish to permit him to live in the property any longer. She has further acknowledged that she has executed wills in the past in which she had mentioned that the plaintiff would be entitled to part of the Tolstoy Marg property, but she is revoking those wills, and did not wish to give anything to the plaintiff.
9. In the other criminal proceedings filed in this Court [W.P.(Crl.) 1698/2018], the Deputy Commissioner of Police (New Delhi District), had filed a Status Report dated 26.05.2018, which also records that Smt. Darshan Kaur had certain grievances against the plaintiff, and stated that she had never adopted the plaintiff herein. A further statement of Smt. Darshan Kaur recorded in the course of proceedings is to a similar effect.
10. Although Mr. Baruah states that the plaintiff had objected to the veracity of the affidavit and status reports filed in the criminal proceedings, I am of the view that the later registered will of Smt. Darshan Kaur dated 24.03.2022, cannot be ignored at this stage. Having regard to the will dated 24.03.2022, and the aforesaid documents, which have been produced by the plaintiff himself, I am of the view that that plaintiff has not made out a prima facie case for grant of an ad interim relief at this stage.
11. Affidavits in reply to the application may be within four weeks Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 5 of 6 from today. Rejoinders thereto, if any, may be filed within two weeks thereafter.
12. List before the Court on 23.05.2023.
PRATEEK JALAN, J MARCH 7, 2023 'Bhupi' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.03.2023 16:43:58 CS(OS) 166/2023 Page 6 of 6