JUDGMENT

G.S. Singhvi, J. —

1. Whether the appellants, who claim to have purchased the property described as 6-B, Jangpura, Mathura Road, New Delhi from Major K.V. Kohli (one of the two heirs of Mrs. Rasheel Kohli) are entitled to contest the application filed by the respondent - Mrs. Pamela Manmohan Singh (the other heir of Mrs. Rasheel Kohli) for grant of letter of administration is the question which arises for consideration in this appeal filed against order dated 22.1.2001 passed by the learned Single Judge of Delhi High Court in Civil Revision No.791 of 1994 whereby he set aside the order passed by Additional District Judge allowing an application filed by the appellants under Section 151 of the Code of Civil Procedure (CPC) for permission to file objections in Probate Case No.272 of 1993.

2. The property in question was leased out by the Government of India to Mrs. Rasheel Kohli sometime in 1957 for a period of 90 years. Mrs. Rasheel Kohli availed loans from Oriental Bank of Commerce and Grindlays Bank and mortgaged the suit property. Oriental Bank of Commerce filed Suit No.75 of 1979 in the High Court of Delhi against M/s. Zirconium, K.V. Kohli and Mrs. Rasheel Kohli for the recovery of their dues. Grindlays Bank also filed Suit No.259 of 1978 against K.V. Kohli and others for recovery of Rs.9,58,195/-. In the second suit, a statement was made by the counsel for the defendants that his clients will not alienate property No.198, Golf Links, New Delhi and plot No.6, Block - B, Jangpura, New Delhi or encumber the same till the next date. After taking note of the counsel’s statement, the learned Single Judge directed the defendants in the suit not to alienate or encumber the property or realise or appropriate the rent.

3. In 1979, Mrs. Rasheel Kohli filed Suit No.180 of 1979 for eviction of Khairati Lal, who had been inducted as a tenant. During the pendency of the suit, Khairati Lal made a statement before the Court on 6.8.1984, the relevant portion of which is extracted below:

“A decree for possession of the plot in dispute be passed against me in favour of the plaintiff together with a decree for Rs.25,000/- as mesne profits upto 31st August, 1979. I may be allowed time to vacate the plot in dispute upto 31st October, 1986. I give an undertaking to the Court that I shall deliver vacant possession of the plot in dispute to the plaintiff on 1st November, 1986. I further give an undertaking that I will not alienate, transfer, in any manner, or part with its possession in favour of any one, nor shall create any charge till the vacant possession of the same is delivered by me to the plaintiff. I also agree to pay mesne profits at the rate of Rs.1250/- per month from 1st September, 1979 onwards.”

4. However, instead of abiding by the undertaking given by him in the Court, Khairati Lal handed over possession of the suit property to the partners of M/s. Texla Service Center with whom Mrs. Rasheel Kohli is said to have entered into an agreement dated 30.8.1984 for sale of the suit property for a sum of Rs.11 lacs and received a sum of Rs.5 lacs in cash and Rs.6 lacs in the form of bank guarantee.

5. After taking possession from Khairati Lal, M/s Texla Service Center filed Suit No.182 of 1986 for specific performance of the agreement for sale. In that suit, the High Court directed the parties to maintain status quo.

6. Mrs. Rasheel Kohli died on 11.10.1987. After about one month, Shri K.V. Kohli (son of the deceased) executed three registered sale deeds dated 6.12.1988 in favour of the appellants, though, at that time, warrant of attachment issued pursuant to order dated 2.11.1988 passed by the Bombay High Court in Suit No.2951 of 1987 was in force.

7. On 30.11.1987, K.V. Kohli filed application for grant of probate by claiming that his mother had executed Will dated 7.3.1986 in his favour. The same was registered as Suit No.379 of 1987. The respondent also filed an application dated 6.3.1989 for grant of letter of administratio