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Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page18/54 19 That, Late Sh. Jit Singh was allotted by draw of lots the plot No. B-16, Block-2 of the land already leased to the Society i.e., the suit property, on 24.08.1969 in the presence of the representatives of DDA i.e., defendant no. 4 herein and the Registrar Co- operative Societies, Delhi. That, the Society obtained a declaration from its members in respect of their present address, designation, emoluments, father's name, date of birth, name along with father's name and full address of the nominee and the size of the plot. That, vide declaration dated 20.06.1961 and 09.11.1968 Late Sh. Jit Singh had declared Smt. Mohinder Kaur Gulati i.e., defendant no.1 herein (since deceased) as his nominee in respect of his shares/his plot. That, subsequently, Sh. Jit Singh expired on 16.12.1969. it has been further averred by defendant no. 6 that, a letter dated 23.01.1970 was received from Smt. Rajinder Kaur, wife of Late Sh. Jit Singh, wherein defendant no. 6 asked her to submit the death certificate of Late Sh. Jit Singh and the same was received in the end of March,1970. That further, meanwhile an application dated 24.03.1970 was made by Smt. Mohinder Kaur thereby seeking from the Society to transfer the suit property in her favour being a nominee of Late Sh. Jit Singh. That, the said application was forwarded to the DDA/defendant no.4 on 06.05.1970 and they were informed that Smt. Mohinder Kaur was the nominee of Late Sh. Jit Singh, while the wife of Late Sh. Jit Singh was Smt. Rajinder Kaur. That it has been further averred that, since Smt. Mohinder Kaur was the nominee of Late Sh. Jit Singh, the share was transferred in her name however, subject to approval of DDA. That, vide letter no. F-5(11/71-CS) dated 25.02.1975, DDA informed the Society that consequent upon the demise of Sh. Jit Singh, allottee of the plot no. B-16 (II) in the Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page19/54 20 colony of EP Railway Co-operative Housing Society, the name of Smt. Mohinder Kaur adopted daughter of deceased Sh. Jit Singh is substituted in his place, in respect of the suit property by virtue of the Certificate granted by the Court in the name of Smt. Mohinder Kaur. That it is further stated that, vide said letter dated 25.02.1975 the Society was advised to enroll Smt. Mohinder Kaur as the member of Society and take necessary action for the execution of the sub-lease deed in respect of the suit property and Later on the lease deed dated 05.03.1975 was executed in the name of Smt. Mohinder Kaur. That it is further averred by defendant no. 6 that, the action taken by the DDA and the Society of transferring the suit property in favour of Smt. Mohinder Kaur was in accordance with Sub-Section (1) to Section 26 of the Delhi Co-operative Societies Act, 1972. It has been further averred that, the allegations that defendant no. 4 and defendant no. 6 have colluded is baseless. It has been further averred that, the construction on the suit property was already near conclusion and the Society was not aware about who was constructing the suit property as the plan was not sanctioned by the Society. That, this fact was brought to the notice of defendant no. 4 vide letter no. EP/3/280 B-16(II) dated 18.12.1980 and 11.04.1981.
Further, DW-1 summoned from the office of the DDA/defendant no.4 along with the relevant record pertaining to the suit property. The DW-1 had tendered in evidence the original lease deed 05.03.1975 as Ex. DW-1/1(OSR). DW-1 further tendered in evidence Ex. DW-1/2 i.e., a letter dated 02.12.1972 sent by DDA/defendant no.4 to the Society/defendant no.6 calling for the documents submitted by Smt. Mohinder Kaur/defendant no.1 to the Society/defendant no.6 for execution of the lease deed dated 05.03.1975 w.r.t the suit property in favor of Smt. Mohinder Kaur/defendant no.1. Further DW-1 has tendered in his evidence a letter from defendant no.1 to DDA/defendant no.4 and the Society/defendant no.6 dated 23.07.1974 as Ex. DW-1/3 wherein Smt. Mohinder Kaur/defendant no.1 has supported her claim for execution of lease deed of suit property in her name by submitting the certified copy of the Succession Certificate dated 23.07.1974 issued by the Court of Ld. Sub-Judge, First Class, Delhi in Succession petition no. 558/1973 w.r.t share no. 280 in belonging to Late Sh. Jit Singh with defendant no.6 of the face value of Rs. 100/- along with the certified copy of the public notification issued by the Ld. Sub-Judge, First Class, Delhi in Succession Petition no. 558/1973, filed by Smt. Mohinder Kaur/defendant no.1 w.r.t shares standing in the name of Late Sh. Jit Singh with the Society/defendant no.6 to the public at large dated 27.10.1973. DW-1 has further tendered in evidence Ex. DW-1/4 which is a letter dated 13.09.1974 issued by the Registrar of Societies/defendant no.5 (originally, defendant no.3 as per amended memo of parties dated 17.11.2018) to the DDA/ Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page39/54 40 defendant no.4/ for communicating the order received from Lt. Governor w.r.t taking necessary action on the letter of Smt. Mohinder Kaur/defendant no.1 dated 23.07.1974 for executing the lease deed of the suit property in her favor on the basis of the said Succession Certificate dated 23.07.1974. Further DW-1 tendered in evidence Ex. DW-1/5 i.e., a letter dated 24.02.1975 issued by DDA/defendant no.4 to Smt. Mohinder Kaur/defendant no.1 communicating that, by virtue of the Succession Certificate dated 23.07.1974 i.e., Ex.DW-1/3, the name of the Smt. Mohinder Kaur/defendant no.1, adopted daughter of Sh. Jit Singh is substituted in his place w.r.t the suit property and the Society/defendant no.6 was advised to enroll the name of Smt. Mohinder Kaur/defendant no.1 as a member of the Society and take necessary action for execution of sub-lease deed in her favor. That, DW-1 was cross-examined by plaintiff side. That, DW-1 claimed to have no personal knowledge of these documents. However, the testimony and the documents tendered by DW-1 could not be controverted by plaintiff.
At this stage, it is further pertinent to discuss that, the plaintiff in his plaint has challenged the fact of adoption of Smt. Mohinder Kaur/defendant no.1 (since deceased, through LRs) by Late Sh. Jit Singh. It is further pertinent to mention that, the suit property was executed in the name of Smt. Mohinder Kaur/defendant no.1 vide lease deed dated 05.03.1975 i.e. Ex.DW-1/1(OSR) on the strength of the application and nomination form filed by Late Sh. Jit Singh at the time of applying for the allotment of the suit property on 09.11.1968, as proved by the testimony of DW-2 and documentary evidence tendered by DW-2 coupled with the fact of grant of Succession Certificate dated 23.07.1974 i.e. Ex. DW-1/3 and Ex. DW-3/1, in the name of Smt. Mohinder Kaur/defendant no.1 w.r.t the membership of the shares of Late Sh. Jit Singh with the Society/defendant no.6 on the basis of which Late Sh. Jit Singh was originally allotted the suit plot by the Society/ Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page41/54 42 defendant no.6. The fact that, Late Sh. Jit Singh had mentioned the name of Smt. Mohinder Kaur/defendant no.1 as his 'nominee' in the capacity of being his 'niece (adopted daughter)' at the time of applying for the suit property on 09.11.1968 coupled with the testimony of DW-2 who had brought the original nomination register of the Society and had further categorically testified on oath that, "(...) As per record, Sh. Jit Singh had nominated Smt. Mohinder Kaur w/o Sh. Harbans Singh Gulati as his nominee. His relationship as mentioned in the nomination register is niece (adopted daughter) and the nomination was made on 09.011.1968. The record which I have brought is maintained regularly in the course of the working of the Society and which also contains all the nomination forms of other allottee members of the Society."
Hence, in light of the above issue no. (7) is decided against the plaintiff and defendant no. 7 to 16 (being proforma defendants) and in favour of the defendant no. 1 to 6.
36. Issue No. (6) -
(6) Whether defendant no.1 is the adopted daughter and Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page50/54 51 nominee of Jeet Singh? If, so to what effect? OPD-1 The onus to prove this issue was upon the defendant no.1.
Before adverting further, it is pertinent to mention that, the plaintiff in his plaint has challenged the fact of adoption of Smt. Mohinder Kaur/defendant no.1 (since deceased, through LRs) by Late Sh. Jit Singh. It is further pertinent to mention that, the suit property was executed in the name of Smt. Mohinder Kaur/ defendant no.1 vide lease deed dated 05.03.1975 i.e., Ex.DW-1/1 (OSR) on the strength of the application and nomination form filed by Late Sh. Jit Singh at the time of applying for the allotment of the suit property on 09.11.1968, as proved by the testimony of DW-2 and documentary evidence tendered by DW-2 coupled with the fact of grant of Succession Certificate dated 23.07.1974 i.e., Ex. DW-1/3 and Ex. DW-3/1, in the name of Smt. Mohinder Kaur/defendant no.1 w.r.t the membership of the shares of Late Sh. Jit Singh with the Society/defendant no.6 on the basis of which Late Sh. Jit Singh was originally allotted the suit plot by the Society/ defendant no.6. The fact that, Late Sh. Jit Singh had mentioned the name of Smt. Mohinder Kaur/defendant no.1 as his 'nominee' in the capacity of being his 'niece (adopted daughter)' at the time of applying for the suit property on 09.11.1968 coupled with the testimony of DW-2 who had brought the original nomination register of the Society and had further categorically testified on oath that, "(...) As per record, Sh. Jit Singh had nominated Smt. Mohinder Kaur w/o Sh. Harbans Singh Gulati as his nominee. His relationship as mentioned in the nomination register is niece (adopted daughter) and the nomination was Suit No.6958/2016 Sukh Charan Singh Vs. Mohinder Kaur Page51/54 52 made on 09.011.1968. The record which I have brought is maintained regularly in the course of the working of the Society and which also contains all the nomination forms of other allottee members of the Society."