(August 27, 2001) 2001 (TLS)125680

2001-DLT-94-658 :: 2001-AD (Del)-7-602

CHAMPA ARORA Vs. Shiv Lal Arora

V. S. AGGARWAL

( 1 ) RAM Rakha Mal was the father of Om Prakash. Plaintiff No. 1 Smt. Champa Arora and plaintiffs No. 2 and 3 are the heirs of Om Prakash. Ram Rakha Mal earlier was living In Pakistan. After the partition of the country. Ram Rakha Mal along with his two brothers, were registered as refugees. A claim had been lodged with the Regional Settlement Commissioner, jam Nagar House, New Delhi. Application was filed for compensation. Out of the compensation received, Shri ram Rakha Mal along with other money earned,with the sons, purchased two quarters, namely D-102 and D-104, karwala, B. K. Dutt Colony, New Delhi. He also purchased, plot No. R-795, New Rajender Nagar, New Delhi and payment was made out of the adjustment of compensation amount awarded by the Regional Settlement commissioner. Shri Ram Rakha Mal, even purchased two residential plots in Sector 15-A. Chandigarh, No. 101 and plot No. 3.

( 2 ) THE present suit has been filed by the widow of the son of Ram Rakha Mal, Shri Om Prakash and the two sons of Shri Om Prakash, seeking partition and rendition of accounts of the properties of Ram Rakha mal. It is asserted that as per, information given by om Prakaan to plaintiff No. 1. he was employed in indian Airforce. During the period he was unmarried, he used to pay his entire salary to Ram Rakha Mal. His contribution was necessary for reconstruction and addition to the two storeyed plot No. 795, New Rajender nagar, New Delhi and In this process, he had helped his father deceased Ram Rakha Mal. Shri Om Prakash even has since died. The plaintiffs, who have filed the present suit, thus claim partition of the properties left by Ram Rakha Mal at New Rajender nagar, Karwala, All Ganj, New Delhi and the two properties at Chandigarh besides with respect to the other moveable properties, purported to have been left by Ram Rakha Mal.

( 3 ) DURING the pendency of the suit the plaintiffs seek an ad interim order to restrain the defendants, who are the other heirs of Ram Rakha Mal from selling, parting with or mortgaging or creating third party interests with respect to the properties referred to above and even from operating the bank account in the state Bank of India and other banks. The defendants have prayed for vacation of the ex parte order that was granted to the plaintiffs. By this common Order, both the abovesaid I. As. No. 8499/95 and 2357/90 can conveniently be disposed.

( 4 ) IN the written statement the suit and in the replies the abovesald applications have been contested. It has been asserted that Shri Ram Rakha mal had executed will dated 3/3/1987. He had,debarred the plaintiffs from inheriting any of his moveable or immoveable properties. Plaintiff No. 1 is the widow of the pre-deceased son of Ram Rakha Mal, who died on 4/9/1977. Ram Rakha Mal had allowed the plaintiffs to live in two rooms on the ground floor of House no. R-795, New Rajender Nagar. Plaintiffs were disrespectful and quarrelsome. Plaintiffs even had filed a Suit against Ram Rakha Mal in the Court of civil, Judge, Delhi (Suit No. 135/87 ). It was claimed that property No. R-795, New Rajender Nagar is the joint family property. Shri. Ram Rakha Mal had filed the written statement, controverting those allegations of the plaintiffs. The Civil Judge had held that the plaintiffs had no prima-facie case. This fact is stated to have been suppressed. It is denied that plaintiffs have any right, title or interest in the property. The defendants assert that they have already filed a petition for grant of probate on basis of the Will of Shri Ram Rakha Mal, Which is pending before the learned District Judge, Delhi. It is denied that the properties referred to by the plaintiffs are ancestral in nature.

( 5 ) LEARNED counsel for the plaintiffs has highlighted the fact that the properties referred to are ancestral properties and, therefore, on t