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MANJIT KAUR (SINCE DECEASED) BY LRS AND ORS.

their properties in Jor Bagh, the ancestors of the defendants were allotted besides various other properties, three plots in Jungpura. After partition in the year 1947, the Custodian of evacuee property was constituted by the government. The government declared most of the properties belonging to the Muslims as evacuee property, including the three properties in Jungpura. The government of India, vide Order dated 01.08.1966, restored the three properties to late Chand Khan upon his application to the government on the ground that he had not migrated to Pakistan. The said Order was reconfirmed vide Order dated 04.10.1971. After the death of late Chand Khan on 23.06.1979, his LRs moved a joint application dated 30.08.1982 before the DDA for mutation of their names. The DDA issued a notice dated 17.09.1982 to the LRs to clarify certain queries. The plaintiff did not file any document in response to the said notice of the DDA. The defendant no.4, however, filed a detailed affidavit of 21.10.1982 wherein the shares of all LRs of late Chand Khan were mentioned. The DDA mutated names of all ten LRs of late Chand Khan in its record pertaining to the properties. The government had also rehabilitated certain refugees from western Pakistan on the aforesaid plots and their possession was protected in terms of Order dated 04.10.1971. Plaintiff had submitted an application dated 30.09.1991 for review of the mutation on the basis of a forged Will dated 20.06.1979 of late Chand Khan. The DDA, vide letter dated 24.02.1992, mutated the name of plaintiff after replacing the name of ten LRs of late Chand Khan. When the other legal heirs came to know about this fact, they preferred an appeal, which was allowed vide Order dated 28.05.1992. The names of ten LRs of late Chand Khan were, accordingly, restored in the mutation record.

14.2. Plaintiff's 2nd witness/PW-2 was plaintiff himself. He tendered his affidavit-in-evidence towards his examination-in-chief.

v.

MANJIT KAUR (SINCE DECEASED) BY LRS AND ORS.

Plaintiff in his affidavit has deposed in line with the contents of his plaint. Apart from this, he has also pleaded certain new facts. The plaintiff has deposed that he identified the signatures and thumb impression of late Chandu Khan on his Will dated 20.06.1979 as the same was affixed in his presence. The plaintiff has also identified the signatures/thumb impressions of defendant no. 3 to 6 and those of two witnesses on the Will. He has also identified the signature of scriber of the Will. He has stated that pursuant to his application for mutation submitted to the DDA, the defendant no.5 appeared in the office of DDA and gave his statement on 09.01.1992 admitting therein the Will. He has stated that the DDA issued a letter dated 17.02.1992 and a mutation certificate in the name of the plaintiff. He also stated that the DDA vide letter dated 25.02.1992 informed other LRs of late Chand Khan about the mutation of the property in the name of the plaintiff. He has stated that the writer of the Will, Bhagwati Prasad was also summoned by the DDA and he had given his statement on 28.01.1992 therein admitting that he had written the Will in his own handwriting at the instance of late Chand Khan. He has stated that a family settlement dated 16.08.1979 on the basis of Will dated 20.06.1979 was executed amongst the LRs of late Chand Khan. He then stated that the defendant no.6 had applied vide application dated 18.08.1979 in the office of MCD for mutation of property no. 258, Basti Hazarat, Nizamuddin, New Delhi on the basis of Will dated 20.06.1979 and family settlement dated 16.08.1979. He also stated that the defendant no.4 in connection with a dispute regarding property tax had got his statement recorded in the office of MCD on 13.05.1988 alongwith which he submitted a copy of Will. He stated that the MCD passed an assessment Order dated 16.05.1988. He stated that defendant no.4's wife, Shamima Begum had also applied for mutation vide her application dated 19.03.2001 and she had filed a copy of family v.

MANJIT KAUR (SINCE DECEASED) BY LRS AND ORS.

settlement dated 19.03.2001 wherein the execution of Will dated 20.06.1979 was admitted. He stated that the defendant no.5 had also submitted an application before the Sub Registrar, Delhi for stay upon the registration of Sale Deed dated 23.08.1991 wherein he admitted the Will dated 20.06.1979. The plaintiff also tendered in evidence following documents:

 Sr.                        Document                            Exhibit/Mark
 No.

  1.     Certified copy of Will dated 20.06.1979                    Ex. PW-2/1
                                                                      (OSR)

  2.     Certified copy of defendant no.5's                         Ex. PW-2/2
         statement dated 09.01.1992 in DDA for                        (OSR)
         mutation

  3.     Mutation Certificate in the name of                    Ex. PW-2/1A
         plaintiff                                                 (OSR)

  4.     Certified copy of letter dated 17.02.1992              Ex. PW-2/1B
         issued by DDA mentioning mutation in the                  (OSR)
         name of plaintiff

  5.     Certified copy of letter dated 25.02.1992              Ex. PW-2/1C
         issued by DDA to LRs of late Chand Khan                   (OSR)

  6.     Certified copy of family settlement dated                   Mark L
         16.08.1979

  7.     Copy of Shakuran's application dated                        Mark K
         18.08.1979

  8.     Certified copy of Ayub Khan's statement                     Mark M

  9.     Certified copy of Assessment Order dated                    Mark N
         16.05.1988 passed by the MCD

  10. Application of defendant no.4's wife to the                    Mark O
      MCD

  11. Copy          of   family      settlement       dated         Mark O-1



                                          v.
                     MANJIT KAUR (SINCE DECEASED) BY LRS AND ORS.
          08.03.2001

  12. Copy of application dated 26.08.1991 by                       Mark Q
      defendant no.5 to the Sub Registrar

  13. Certified copy          of   Sale    Deed      dated         Ex. PW-2/4
      23.08.1991

  14. Copy of plaint in suit no. 377/91                             Mark R

  15. Certified copy of affidavit dated 21.10.1982                 Ex. PW-2/5
      by defendant no.4

14.4. Plaintiff's 4th witness/PW-4 was Suresh Kumar, Judicial Assistant, Delhi High Court. He produced the judicial record of Criminal Appeal No. 792/2003 alongwith original DDA file, which contained the proceedings before DDA for mutation.

14.5. Plaintiff's 5th witness/PW-5 was Sunil Kumar Jha, JJA, Delhi High Court. He produced the judicial record of CRL. M.C. 3023/2010.

14.6 Plaintiff's 6th witness/PW-6 was Anil Kumar Goel, S/o late Sh. Bhagwati Prasad Goel. He in his examination-in-chief deposed that he was acquainted with the handwriting of his father as he had seen v.