( 1 ) NAND Lal Aggarwal, applicant filed this application on 17/12/1998 alleging that the case set up by Ms. Radhika Khanna (hereinafter referred to as petitioner ) in the petition filed under Sections 276 and 278 of the Indian Succession act, 1925 which was allowed by the order dated 7/03/1994, is that Smt. Kamla - khanna, her mother and wife of S. D. Khanna died on 12/06/1983 leaving behind a will dated 6/03/1981 in her favour. It is further alleged that petitioner s father s. D. Khanna filed a petition for grant of probate before the District Judge, Delhi and her interest in that petition was not properly looked after by him. In response to peti- tion, S. D. Khanna filed no Objection/reply wherein it has been stated that he is in possession of Will dated 26/03/1979 left behind by his wife under which he is the beneficiary of her estate. He has further stated that he did not know about the Will dated 6/03/1981 and existence thereof was disclosed to him by his brother T. D. Khanna towards the end of 1987. He withdrew the petition filed for grant of probate before the District Judge, Delhi as one of the assets was located outside Delhi and petitioner was nearing attainment of majority and he did not want to deprive her of the legal rights accruing to her under the Will dated 6/03/1981.

( 2 ) IT is alleged that sometime in March 1987 said S. D. Khanna applied to haryana Urban Development Authority for transfer of Plot No. 64-P, Sector 6, panchkula in his name on the strength of Will dated 26/03/1979. Thereafter on 14/10/1987 S. D. Khanna entered into an agreement of sale with the applicant agreeing to sell the said plot for a sum of Rs. 4 lakhs and received Rs. 40,000. 00 towards part payment. Date of execution of transfer papers was fixed as 31/12/1987. Inspite of repeated requests S. D. Khanna did not pursue the application for transfer of said plot in his name as price thereof had risen. Instead a notice was got sent through Sh. S. K Khanna, Advocate on 25/01/1988 on behalf of petitioner stat- ing that said plot had been inherited by two legal heirs of Smt. Kamla Khanna, i. e. the petitioners and S. D. Khanna and under the agreement of sale the interest of petitioner, then minor was being jeopardised. In the notice there was no mention of al- leged Will dated 6/03/1981. It is further stated that after S. D. Khanna did not ex- ecute/complete the documents for transfer of plot, the applicant was left with no alternative but to file a suit for specific performance being Suit No. 266/90 on 5/03/1990 against him in the Court of Senior Sub Judge, Ambala having jurisdiction in the matter. S. D. Khanna avoided to receive the summons and finally appeared in court on 30/01/1992 but did not file written statement till 22/08/1994. During the pendency of suit, the petitioner applied to Estate Officer, Panchkula for transfer of said plot in her name on 16/08/1991. She filed her affidavit stating that she alongwith S. D. Khanna were the legal heirs of Smt. Kamla, deceased, S. D. Khanna also filed affidavit stating that Smt. Kamla Khanna had left behind him and the petitioner as her legal heirs. In the affidavit he further stated that he had no objec- tion if the allotment/ownership of plot was transferred in the name of petitioner. Ac- cordingly, transfer of said plot was permitted in the name of petitioner. It is pointed out that neither in the application seeking transfer of plot in. the name of the petitioner nor in documents filed therewith or two affidavits of petitioner and S. D. Khanna, there was any reference to the Will dated 6/03/1981. It is alleged that on coming to know about transfer of plot in the name of petitioner, the applicant moved the Senior sub Judge, Ambala and on 31/01/1992 an order of status quo was granted. The petitioner was also allowed to be impleaded as defendant No. 3 in the suit on 2 5/03/1992. Probate Case No. 16/92 was filed in April 1992 by the petitioner in connivance with S. D. Khanna witho