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2015 Supreme(Del) 4331

MANMOHAN SINGH
Jagmohan Singh Kochhar – Appellant
Versus
Satwant Singh Kochhar – Respondent


Advocates:
For the Plaintiff :Mr.B.P.Aggarwal, Advocate.
For the Defendant :Mr.P.S.Bindra, Advocate.

JUDGMENT :

Manmohan Singh, J.

1. The present suit for partition in respect of ground floor portion of property No. 126, Sunder Nagar, New Delhi (hereinafter referred to as the “suit property”) has been filed by the plaintiff claiming one-half share in the property on the basis of (purported) Will dated 15th November, 1992 (hereinafter referred to as the “Alleged Will”).

2. Plaintiff’s Case as per Plaint:

(i) The suit property was owned jointly by late Gurmukh Singh and Smt. Lachhmi Devi. They both were the joint owners of the suit property in equal shares. The suit property was partitioned and ground floor portion of the suit property belonged to late Gurmukh Singh and first floor portion of the suit property belonged to late Smt. Lachhmi Devi. The father of the plaintiff, namely, Jaswant Singh Kochhar and the father of the defendant, namely, Darshan Singh Kochhar were the real uncle of late Gurmukh Singh.

(ii) Late Gurmukh Singh was a bachelor, therefore, he was residing either with Jaswant Singh Kochhar or Darshan Singh Kochhar. Gurmukh Singh had great love and affection for both of them.

(iii) After the death of Jaswant Singh Kochhar, late Gurmukh Singh started living with Darshan Si

























































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