Shri Hardeep Singh v. Shri Wasan Singh and Others

RAJIV SAHAI ENDLAW, J. AUGUST 27, 2019 "ak/gsr"

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th August, 2019 + CS(OS) 1299/2007 HARDEEP SINGH ..... Plaintiff Through: Mr. Rajat Aneja with Ms. Chandrika Gupta, Advs. Versus WASAN SINGH AND OTHERS ..... Defendants Through: Mr. S.S.Yadav, Adv. for D-1, 3 and 4. Mr. S. Muthukrishnan with Ms. Divya Chaudhary, Adv. for D-2. AND + CS(OS) 218/2009 MAHINDER KAUR ..... Plaintiff Through: Mr. S.S.Yadav, Adv. Versus HARDEEP SINGH & ANR. ..... Defendants Through: Mr. Rajat Aneja with Ms. Chandrika Gupta, Advs. for D-1. Mr. S. Muthukrishnan with Ms. Divya Chaudhary, Adv. for D-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. CS(OS) No.1299/2007 has been filed by Hardeep Singh, against his (a) grandfather Wasan Singh, (b) father Kulwant Singh (c) paternal grandmother Mahinder Kaur, and (d) father"s brother Surinder Singh, for partition of (i) property no.6/4 Furniture Block, Kirti Nagar, New Delhi; (ii) agricultural land and houses situated in Village Mamecheck, District Gurdaspur, Punjab; and, (iii) property no. 3238, Ranjeet Nagar, New Delhi. 2. CS(OS) No.218/2009 has been filed by Mahinder Kaur for recovery of possession of third floor of property no.3238, Ranjeet Nagar, New Delhi from Hardeep Singh and his wife Nam Simran Kaur. 3. CS(OS) No.218/2009 was initiated prior in point of time, before the District Court. Finding the claim of Hardeep Singh in CS(OS) No.1299/2007 to be the same as his defence in the previously instituted CS(OS) No. 218/2009, vide order dated 1st August, 2008 in CS(OS) No.1299/2007, the proceedings therein were ordered to be stayed. Hardeep Singh preferred FAO(OS)450/2008 against the said order and which was disposed of vide order dated 3rd December, 2008 of the Division Bench of this Court, by transferring the previously instituted CS(OS) No.218/2009 to this Court and by directing the two suits to be disposed of together. In pursuance thereto, the suit filed by Mahinder Kaur against Hardeep Singh and his wife Nam Simran Kaur, for recovery of possession, was transferred to this Court and numbered as CS(OS) 218/2009 4. In the aforesaid scenario, on 28th January, 2009, the following order was passed in both the suits:- "+ CS(OS) No. 1299/2007 and CS(OS) 218/2009 * Vide order dated 1st August, 2008, the proceedings in this suit were stayed under Section 10 of the CPC owing to pendency of a previously instituted suit by the defendant No. 3 against the plaintiff, before the District Court. In FAO(OS) No. 450/2008 preferred by the plaintiff against the order dated 1st August, 2008, vide order dated 3rd December, 2008, the suit pending in the District Court has been ordered to be transferred to this Court for trial of the two suits together. The file of the suit pending in the District Court has been received. Let the same be numbered. CS(OS) No. 1299/2007 and CS(OS) No. 218/2009 CS(OS) No. 1299/2007 has been filed by the plaintiff for partition on the plea that Late Sh. Tara Singh great grandfather of the plaintiff was the karta and head of the family and along with his Son, Sh. Wasan Singh (the defendant No. 1 and grandfather of plaintiff) constituted a Joint Hindu Family which owned properties as listed in para 3 of the plaint. The plaintiff has however in para 3 of the plaint stated that Late Sh. Tara Singh was the owner of the said properties and died leaving the grandfather of the plaintiff Sh. Wasan Singh (the defendant No.1) as his son. Though the plaintiff has not mentioned the date of demise of Late Sh. Tara Singh but the defendants have pleaded that Late Sh. Tara Singh had died on 4th October, 1988 and which fact is not disputed by the plaintiff. The plaintiff claims to be entitled to a share in the properties by birth. The defendants have in their written statement pleaded that Late Sh. Tara Singh was the sole owner of the properties and has bequeathed the properties as per his will. The defendants have denied the existence of any joint Hindu family. The other suit was filed by the defe