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2016 Supreme(Del) 2350

JAYANT NATH
ANTERJIT KAUR – Appellant
Versus
COL. RAJINDER SINGH (RET) – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.K. Mishra, Advocate.
For the Respondent:Mr. Amit P. Despande, Advocate.

JUDGMENT :

JAYANT NATH, J.

1. By the present petition, the petitioner seeks to impugn the order dated 29.08.2011 passed by the learned Additional District Judge-03, South District, Saket, Delhi in Civil Suit No. 432/2010.

2. Respondent No.1 filed the suit in question for recovery of possession, arrears of rent and mesne profit against defendant No.4. The property bearing No.C-91, Defence Colony, New Delhi was purchased by Late Major Prem Singh. Late Major Prem Singh left a Will dated 01.09.1978. A probate case being No.60/1984 was filed. The probate petition was allowed vide judgment dated 18.12.1986 and letter of administration was granted in favour of respondent Nos.1, respondent No.2 who is son of respondent No.1 and respondent No.3 who is also one of the sons of Late Major Prem Singh.

3. It is the contention of respondent Nos. 1 and 2 that in the said property the share of respondent No.1 is 40%, respondent No.2 is 20% and respondent No.3 is 40%. It is urged that Late Major Prem Singh excluded his married daughters, namely Smt. Antrajit Kaur, i.e. the petitioner, Smt. Harbhajan Kaur and Smt. Adarsh Kaur from property mentioned in the Will. Smt. Amrit Kaur, wife of Late Major Prem S

















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