Mr. Sarvinder Singh & Anr v. The Chief Manager Punjab National Bank & Ors

RAJIV SAHAI ENDLAW, J. DECEMBER 05, 2019 'gsr'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 5th December, 2019 + CS(OS) No.633/2019, IA No.17123/2019 & IA No.17124/2019 SARVINDER SINGH & ANR. .... Plaintiffs Through: Mr. Abhishek Aggarwal, Advs. Versus THE CHIEF MANAGER, PUNJAB NATIONAL BANK & ORS. …...Defendants Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The two plaintiffs viz. Sarvinder Singh and Arindra Singh, have instituted this suit for (i) declaration that the notices dated 10th July, 2019, 23rd November, 2019 and the order dated 2nd November, 2019 of the Court of Chief Metropolitan Magistrate (CMM), Central, Tis Hazari Courts, Delhi, are invalid, non est and illegal, (ii) permanent injunction restraining the defendants viz. (a) The Chief Manager, Punjab National Bank (PNB), New Rajinder Nagar, New Delhi, (b) Vikram Badhwar, HUF through its Karta Vikram Badhwar, and (c) Beechams Ace Mart Pvt. Ltd. from interrupting in the peaceful possession of the plaintiffs or from taking over possession of the property No.27, Rajpur Road, Civil Lines, Delhi or any part thereof and from showing the said property or any part thereof to be their own property, and, (iii) mandatory injunction directing the Chief Manager, PNB to cease to take any action whatsoever against the said property of the plaintiffs. 2. The suit is listed subject to office objection as to valuation and court fees paid. The said objection shall be dealt with in the course of the order. 3. The suit as filed against the Chief Manager, PNB is not maintainable in law. Chief Manager, PNB is an office and suit against an office, which is not a legal entity does not lie. Reference in this regard can be made to Chief Conservator of Forests, Govt. of AP Vs. Collector (2003) 3 SCC 472; Samadhan Swinming Club Vs. Union of India 2018 SCC OnLine Del 10782 (DB); J. Kuppanna Chetty, Ambati Ramayya Chetty & Co. Vs. Collector of Anantpur AIR 1965 AP 457 (DB); P.B. Shah & Co. Vs. Chief Executive Officer, Corporation of Calcutta AIR 1962 Cal 283 (DB); The Sheriff of Bombay Vs. Hakmaji Motaji & Co. AIR 1927 Bom 521 (DB); V. Rajaraman Vs. Hindustan Brown Boveri Ltd. AIR 1974 Del 200; Sanadhan Swimming Club Vs. Union of India MANU/DE/1562/2016; ICICI Bank Ltd. Vs. Satish Kumar Sehrawat 2018 SCC OnLine Del 10727; NW Ry. Administration Vs. Nw. Ry. Union, Lahore AIR 1933 Lah 203; Sarkar-E-Aali Zaria Nazim Vs. Athor AIR 1957 AP 714 (FB); Manahem S. Yeshoova Vs. Union of India AIR 1960 Bom 196. The suit would lie only against PNB and which has not been made a party. 4. It is the case of the plaintiffs, that (i) the father of the plaintiffs was the part owner of property No.27, Rajpur Road, Civil Lines, Delhi; (ii) the father of the plaintiffs died in the year 1988 leaving the plaintiffs as his sons and Nirmal Satyendra Singh as his widow; (iii) Nirmal Satyendra Singh died on 24th November, 1994 leaving the plaintiffs only as her heirs; (iv) the plaintiffs have been residing abroad for over 50 years; however their mother Nirmal Satyendra Singh refused to leave India; (v) the plaintiffs had appointed one Vipul Tandon as the caretaker of their mother; (vi) after the demise of mother of the parties, the plaintiffs learnt that the said Vipul Tandon had obtained probate of a document claimed to be the validly executed last Will of the mother of the plaintiffs and on the basis thereof was attempting to dispose of the said property; (vii) the plaintiffs got the probate recalled and the petition for probate dismissed; (viii) the plaintiffs thereafter filed CS(OS) No.2453/2015 for recovery of possession of property from the said Vipul Tandon and in which suit a decree was passed in favour of the plaintiffs and against the said Vipul Tandon, of recovery of possession of the property; (ix) the plaintiffs recovered possession of the property on 6th December, 2018 in execution of the said decree; (x) the defendant no.2 Vikram Badhwar, on 7th December, 2018 filed an application in the proceedings for execution, clai