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2009 Supreme(Del) 221

SANJAY KISHAN KAUL, SUDERSHAN KUMAR MISRA
SWARAN SINGH BANDA – Appellant
Versus
MANPREET SINGH CHHATWAL – Respondent


Advocates appeared
Mr.K.K.Bhuchar, Advocate.
Mr.Arvind Nigam and Mr.Ashok Chhabra, Advocates for the guardian ad litem of R-1

Judgment

SANJAY KISHAN KAUL, J.

1. A man?s greed has no limits. Mahatma Gandhi said: “Earth provides enough to satisfy every man?s need, but not every man?s greed”. It is only the greed of the appellant which has resulted in a prolonged litigation in the family during which period of time his brother and his brother?s wife passed away and his nephew, respondent no.1, represented through a court-appointed guardian is residing in a Gurudwara.

2. Late Dr.(Major) Balwant Singh Banda owned immovable property bearing No.B-42, Defence Colony, New Delhi (herein after referred to as the said property). He had three sons and three daughters. He was married to Sardarni Onkar Kaur. Major Banda had acquired the suit property and constructed a residential building on the same. He died on 14.02.1979. Major Banda executed a registered Will dated 11.10.1974 prior to his demise. In terms of this Will, the property in the suit was to devolve upon his three sons. A share was also given to his wife Sardarni Onkar Kaur with a specific condition that after her death, her share would devolve in equal proportion upon the three sons. The Will excluded the daughters from any bequest. The Will specified a divi






















































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