Judgment

Bhan, J.—Defendant/Appellant herein is aggrieved by the judgment of the Division Bench of the Delhi High Court in RFA (OS) 21 of 1980 dated 17.10.2000 wherein the Division Bench while setting aside the judgment and decree passed by the Single Judge trying the suit on the original side has decreed the suit filed by the plaintiff/respondent herein.

2. Sardar Sujan Singh, aged 77 years, a retired Income tax Officer executed a will on 7.12.1960 declaring (a) that after his death his wife Smt. Ram Kaur will be entitled to all his properties movable and immovable of every kind and description and further she will have full control and right over the income from the immovable property; (b) that Smt. Ram Kaur will not be entitled to sell, mortgage, or dispose of by gift or will, any part or whole of the immovable property of any kind left by the testator; and (c) that after the death of Smt. Ram Kaur all the properties, movable and immovable, and sums due to Sardar Sujan Singh or Smt. Ram Kaur or deposits at any place or with any bank or office shall be the sole property of Lokesh Datta Multani son of late Pt. Thakur Datta Multani who treats the testator and his wife just like his parents and whom they treat as their son and he has been taking care of them for the lasts more than 10 years.

3. Sardar Sujan Singh died at Indore in the Nursing Home of his nephew Prithipal Singh on 24.08.1963. Bhog and other ceremonies were performed at Delhi by Smt. Ram Kaur, Prithipal Singh and others.

4. Case of the plaintiff/respondent is that after the death of Sardar Sujan Singh, Smt. Ram Kaur at the instigation of some interested persons refused to admit the will, although the will was signed and attested by her. It led to his filing suit No. 92 of 1964 in the Court of Sub Judge, First Class, for a declaration that Smt. Ram Kaur has only a life interest in the property and the respondent is the ultimate owner of the properties left by Sardar Sujan Singh under his will dated 7.10.1960. That there was compromise in the said suit and Smt. Ram Kaur admitted the respondent’s claim and decree for declaration as prayed for in the suit was passed. His further case is that a public notice was got published in the Delhi Gazette of the Government of India dated 02.07.1964 wherein it was stated that Sardar Sujan Singh had left a will dated 7.12.1960 and under that will the plaintiff/respondent was the owner of the property No. 251 Block F, New Rajinder Nagar, New Delhi and further that he had been declared to be the sole owner of the said property by a decree 25.04.1964 passed by a Court of competent jurisdiction. That any one dealing with any person for the sale, mortgage or otherwise transfer of the said property in any way shall do so at his own risk and costs. He further alleged that on 23.12.1996 Smt. Ram Kaur by a registered gift deed gifted premises No. 251 Block F, New Rajinder Nagar, New Delhi to the appellant No.1 Hazara Bradri which is a registered society and that led to filing of the suit on 10.07.1967. It was prayed that a declaration be given to the effect that the gift made by Smt. Ram Kaur in respect of house No.251 Block F, New Rajinder Nagar, New Delhi in favour of appellant Nos. 1 and 3 is void and ineffective as against the plaintiff on the death of Smt. Ram Kaur.

5. Appellants contested the suit. It was denied that Sardar Sujan Singh had made any will, they pleaded that the will set up by the plaintiff was false and fabricated. They further denied that Sardar Sujan Singh and Smt. Ram Kaur ever treated the plaintiff as their son or that they had any affection for him. It was further pleaded that even if the will is proved to have been duly executed the restriction placed on the right of Smt. Ram Kaur in the matter of disposal of the property was not legal and binding. It was contended that Smt. Ram Kaur had inherited the property as the sole and absolute owner and there was no restriction on her right to dispose of the same. It was ma