A decree for rendition of accounts and permanent injunction was also prayed for.
14,325/ , which amount was payable in 20 equal annual instalments with interest at the rate of 5 per annum and on default, penal interest at the rate of 8 per annum.
This judgment also examines the issue and question whether a Sub Registrar in the matter of registration of documents under the provisions of Indian Registration Act, 1908 can possibly be treated as a witness.
On account of migration to Delhi on partition, Harbans Lal being a displaced person had vide application dated 13.04.1958, marked as Exhibit DW 1/P 3, applied for a two room accommodation at Gur Mandi, Civil Lines, Delhi with the Municipal Corporation of Delhi.
Collection charges at the rate of 24 were also payable.
26957 of 2018 Page 2 of 29 purportedly executed by Suhagwanti wherein the tenement had been bequeathed solely and absolutely to him.
situated in the abadi known as Duplex Flat, Gur Mandi, Delhi 7, and bounded as under EastOther property West.
Madan Lal was described as being in service and all other children were Signature Not Verified Digitally signed by RAJNI MUKHI Date 2020.01.15 170519 IST described as dependants.
Puran Devi and Santosh Rani despite service did number file their written statements.
This application records that Harbans Lal was a shopkeeper, Suhagwanti was his wife and Madan Lal, Puran Kumari, Surinder Kumar and Baby were his children.
27 New Padam Chand Land within 3 days.
The allotment letter though number a marked Exhibit is an undisputed document.
The trial companyrt vide judgment dated 17.01.2018 passed a preliminary decree of partition inter alia holding that the four siblings were entitled to 1/4th share each in the tenement after recording that Surinder Pal Sharma had failed to prove the purported registered Will of Suhagwanti dated 02.01.1992.
Other property North Road South Road Whereas I the Testator hereby bequeath that after my death the aforesaid property shall got and devolve to the aforesaid testimony, shall be the sole and absolute owner of the above mentioned property.
The allotment letter had a stipulation that the allottee would have to surrender vacant possession of Quarter No.
The suit was companytested by Surinder Pal Sharma, who in his written statement had propounded a registered Will dated 02.01.1992, Civil Appeal arising out of S.L.P. C No.
Witnesses TESTATOR Sd Sd Shri Ramesh Kumar Smt.
26957 of 2018 Page 20 of 29 The ratio in Janki was reiterated in Benga Behera and Another Braja Kishore Nanda and Others 11.
Santosh Rani during the pendency of the suit expired and was represented by her daughter Veena Malhotra.
Reason Harbans Lal died in 1965.
Suhagwanti Devi expired on 10.10.1999.
Puran Devi has also expired and is number represented by her daughter Meenakshi Sharma.
Raj Kumari daughter of Harbans Lal, who by then was married, on or about 15.10.2004 filed a suit for partition of the tenement and decree of declaration that she and the defendants namely Surinder Pal Sharma, Puran Devi ne Kumari, and Santosh Rani widow of Madan Lal who had by then expired , were owners of 1/4th unspecified and undivided share in the tenement.
Leave granted.
Civil Appeal arising out of S.L.P. C No.
26957 of 2018 Page 1 of 29 On 15.03.1972, Suhagwanti Devi, being the wife of late Harbans Lal, was issued allotment letter for duplex type tenement under the Redevelopment Scheme at Gur ki Mandi for Rs.
It was stated that husband of Raj Kumari namely Ramesh Kumar was an attesting witness to the Will.
