Jayant Nath, J.

I.A. Nos. 1354/2011 (u/S 151 CPC) & 6522/2011 (u/O 39 R 1 & 2 CPC)

1. By the present order I shall dispose of the aforesaid two applications. These applications are being disposed of by a common order inasmuch as the facts necessary for disposal of the applications are identical.

2. The present Suit is filed seeking a decree of possession pertaining to ground floor of property No.C-777, New Friends Colony, New Delhi 110025 and other reliefs pertaining to other portion of the said property in New Friends Colony and other immoveable properties.

3. IA No.1354/2011 is filed for leave to the plaintiff to rent/lease out to a third party the first floor, barsati, two servant quarters at the second and third floor of the property C777, New Friends Colony, New Delhi. It is stated that on 2nd November,2010 and 10th November, 2010 parties were directed to maintain status quo with regard to title and possession of various properties including the first floor of property of New Friends Colony. Hence, permission of this Court is sought to lease out the said property.

4. IA No.6522/2011 is filed by the plaintiff seeking a mandatory injunction directing defendants No.1 to 3 to restore status quo as regards possession and to revert the possession of the suit property namely, ground floor of the New Friends Colony property in favour of the plaintiff.

5. The accompanying Suit pertains to the estate of late Shri Sant Singh and Smt..Kusum Kaur. The plaintiff’s father late Shri Harkirat Singh, defendant no.1 and defendant no.4 are siblings and the only three children of late Shri Sant Singh and Smt.Kusum Kaur. The issue revolves around various immoveable properties. The present two applications pertain only to the property at New Friends Colony.

6. Regarding the New Friends Colony property, as per the plaint the same originally belonged to one Mr.V.P.Gulati. The said Mr.V.P.Gulati sold the said property jointly to Mr.Sant Singh and Mr.Harkirat Singh (father of the plaintiff ). It is further averred that Shri Harkirat Singh partitioned the property by Agreement dated 4.5.1984 whereby the ground floor with garage, mezzanine floor of the servant quarter belonged to Shri Sant Singh and the first floor together with barsati and two servant quarters on second and third floor were to belong exclusively to Shri Harkirat Singh (father of the plaintiff).

7. Vide registered Conveyance Deed dated 28.7.1994, DDA conveyed the absolute perpetual rights of the said property in favour of Shri Sant Singh and Shri Harkirat Singh.

8. It is further averred that Shri Sant Singh father of Harkirat Singh and defendants No.1 and 4 executed his last Will and Testament dated 5.6.1996. He died on 13.10.2000. As per the said Will his entire estate i.e. moveable and immovable was bequeathed to his wife Smt. Kusum Kaur and she became the absolute owner of the said estate. Smt. Kusum Kaur filed for Probate of the Will of late Shri Sant Singh dated 5.6.1996 being testamentary case No.3/2001. Defendants No.1 to 4 herein have filed objections against the said Will and the matter is pending adjudication and is being heard alongwith the present petition.

9. During pendency of the said Probate Petition Smt.Kusum Kaur died on 4.2.2008 leaving behind her last Will and Testament dated 30.09.2002. In terms of the said Will, all her assets are stated to have been bequeathed in favour of the father of the plaintiff Mr.Harkirat Singh. Hence, it is claimed by the plaintiff that her father late Shri Harkirat Singh became absolute owner of the property C-777, New Friends Colony, New Delhi. It is stated that he was shown as the recorded owner and he continued to pay the house tax for the entire property. On the demise of Smt.Kusum Kaur, the father of the plaintiff also filed an application under Order 1 Rule 10 CPC to transpose himself in the Probate Petition as a petitioner. The petition was resisted by defendants No.1 and 4. However, during pendency of the said a