Dr. Maheshwar Nath Sharma v. State Through NCT of Delhi & Ors

RAJIV SAHAI ENDLAW, J. MARCH 01, 2017 "gsr/pp"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 1st March, 2017 + CS(OS) 2475/2007 & IAs No.20732/2011 (u/O XII R-6 CPC) & 6952/2016 (u/O XXIII R-1 CPC) DR. MUKESH SHARMA & ORS. ..... Plaintiffs Through: Mr. Jagjit Singh, Adv. Versus DR. MAHESHWAR NATH SHARMA ..... Defendant Through: Mr. Deepak Dhingra and Ms. Shivangi Singh, Advs. AND + TEST.CAS. 27/2008 & IAs No.4936/2008 (u/O XXXIX R-1&2 CPC) & 21981/2015 (for condonation of 30 days delay in compliance) DR. MAHESHWAR NATH SHARMA ..... Petitioner Through: Mr. Deepak Dhingra and Ms. Shivangi Singh, Advs. Versus STATE OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Jagjit Singh, Adv. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. CS(OS) No.2475/2007 (suit) was filed on 10th December, 2007 by (i) Dr. Mukesh Sharma, (ii) Promila Tiwari, (iii) Veena Kaushik, (iv) Rekha Sharma & (v) Neera Sharma against Dr. Maheshwar Nath Sharma for partition of property No.10 Todarmal Lane, Bengali Market, New Delhi (Bengali Market property) and of plot of land bearing No.C-2/2, Sector-11, DLF Model Town, Faridabad (Faridabad property), pleading: (i) That the five plaintiffs and the sole defendant are the sons and daughters of Late Dr. T.N. Sharma. (ii) The perpetual lease of plot of land under Bengali Market property was granted in favour of Pt. Amarnath Sharma, grandfather of the parties and on demise of Pt. Amarnath Sharma, was inherited by Dr. T.N. Sharma, father of the parties and mutated in the name of Dr. T.N. Sharma. (iii) Dr. T.N. Sharma died on 11th September, 1990, leaving besides the five plaintiffs and the sole defendant as his children, his widow viz. Mrs. Satyawati Sharma. (iv) Pursuant to the demise of Dr. T.N. Sharma, Bengali Market property was mutated on 19th December, 1991 in the name of Mrs. Satyawati Sharma, mother of the parties, who got the leasehold rights therein converted into freehold and a conveyance deed of freehold rights dated 28th February, 2000 was executed in favour of Mrs. Satyawati Sharma. (v) Mrs. Satyawati Sharma died intestate on 24th July, 2007 leaving the five plaintiffs and the sole defendant as her children and only natural heirs. (vi) Mrs. Satyawati Sharma has left behind the Bengali Market property and the Faridabad property and on her demise both these properties have been jointly succeeded by the five plaintiffs and the sole defendant in equal share. (vii) That the defendant has entered into a sale transaction with respect to the Faridabad property but the dispute with respect to the said sale transaction is pending. (viii) That the defendant is claiming to be the sole owner of both the properties on the basis of a Will of Mrs. Satyawati Sharma but has not shown the alleged Will and the alleged Will even if existing is forged and fabricated. Hence, the suit, with the five plaintiffs claiming 1/6th share each of the two properties. 2. The sole defendant contested the suit by filing a written statement supported by affidavit verified on 24th March, 2008 pleading: (a) that the father of the parties Dr. T.N. Sharma had acquired title to the Bengali Market property vide Gift Deed executed by his own father Pt. Amarnath Sharma and not by way of inheritance. (b) Dr. T.N. Sharma, father of the parties, prior to his death executed a Will dated 10th March, 1988 bequeathing the Bengali Market property in favour of his wife Mrs. Satyawati Sharma. (c) The five plaintiffs as well as the sole defendant admitted the said Will left behind by their father Dr. T.N. Sharma in favour of their mother Mrs. Satyawati Sharma and executed documents of acceptance thereof including affidavits, no objection and indemnity in favour of Land & Development Office (L&DO) and the L&DO accepted the said Will left behind by Dr. T.N. Sharma and on 19th December, 1991 mutated the Bengali Market property in the name of Smt. Satyawati Sharma, mother of the parties, making her the sole, absolute and exclusive owner of the Bengali Market property. (d) Mrs. Satyawati Shar