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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, J.
HARJEET SINGH MAINI - Appellant
Versus
PARAMJIT SINGH MAINI - Respondent
RFA 227 of 2017
Decided On : 04-07-2018
Will - Property Dispute - Indian Succession Act, 1925, Section 63 - Indian Evidence Act, 1872, Section 68 - Partition - Benami Property - Oral Partition - [Indian Succession Act, 1925, Section 63, Indian Evidence Act, 1872, Section 68]
Fact of the Case:
The case involved a dispute over the ownership and partition of a property in New Delhi. The plaintiff sought a declaration of ownership, permanent injunction, and partition of the property. The main issue revolved around the validity and effect of a will dated 7th September, 2001, which bequeathed the property to the defendant to the exclusion of all other heirs.
Finding of the Court:
The court found that the will was genuine and proved in accordance with the law. As per the will, the plaintiff was a licensee and had no right, title, and interest in the property. The court dismissed the plaintiff's claims for ownership, injunction, and partition based on the findings related to the will and lack of evidence supporting the plaintiff's claims.
Issues: The issues included the validity of the will, entitlement to ownership, permanent injunction, and partition, as well as the existence and effect of an oral partition and the nature of the property's purchase.
Ratio Decidendi: The court's decision was influenced by the genuineness of the will and the lack of evidence supporting the plaintiff's claims. The court also considered the absence of proof for an oral partition and the nature of the property's purchase.
Final Decision: The court confirmed the judgment of the Trial Court and dismissed the appeal, ruling in favor of the defendant. No costs were awarded.
Prathiba M. Singh, J.
1. The main judgment has been passed in Ram Singh Maini Vs. Harjeet Singh Maini (RFA 228/2017) dated 4th July 2018.
2. The present appeal arises out of a suit for declaration/injunction/partition filed by Sh. Harjeet Singh Maini against his brother-Sh. Paramjit Singh Maini. The relief prayed for are as follows :
“(A) pass a decree declaring that the plaintiff is the absolute owner in possession of the First Floor being 1/3rd share of property no. A-266, New Friends Colony, New Delhi in terms of the oral partition/Family Settlement arrived amongst the family members in the year 1983, and no other person has any right/title and interest in the portion shown in RED in the site plan attached.
(B) pass a decree of permanent/prohibitory injunction restraining defendant from selling, transferring, alienating, encumbering, or creating any third party rights in respect of any portion of the property no. A-266, New Friends Colony, New Delhi.
(C) through the same decree the other assets [movable / immovable] belonging to Late Ram Singh Maini be partitioned in accordance with law.
(D) through the same decree costs of the suit be also awarded in favour of the plaintiff as against the defendant.
(E) pass such further order/ direction as this Hon’ble Court may deem fit and proper in the interest of justice.”
3. The suit was originally filed in the High Court but due to the increase in the pecuniary jurisdiction it was transferred to the District Court and numbered as suit no.664/2005. The detailed discussion on the pleadings and the respective cases of the parties are contained in the judgment rendered in RFA 228/2017. The issues framed in this suit are as under :
“1. Whether the plaintiff is entitled to a decree of declaration of ownership in respect of first floor of the property bearing no.A-266, New Friends Colony, New Delhi? OPP
2. Whether the plaintiff is entitled to a decree of permanent injunction, as prayed for in prayer (b) of the prayer clause in the plaint? OPP
3. Whether the plaintiff is entitled to a decree for partition of the suit property? OPP
4. Whether the property bearing no.A-266, New Friends Colony, New Delhi was purchased benami by late Sh. Sardar Mehar Singh in the name of late Sh. Ram Singh Maini? OPP
5. Whether any oral partition took place in the year 1983 in respect of the property bearing no.A-266, New Friends Colony, New Delhi and if so, the effect thereof? OPP
6. Whether the plaintiff contributed any sum towards the completion and improvement of the suit premises, and if so, the effect thereof? OPP
7. Whether Lt. Sh. Ram Singh Maini had left behind a will dated 07.09.2011 in favour of defendant? If so, to what effect? OPD.
8. Relief.”
4. This court has in RFA 228/2017 arrived at a finding that the Will dated 7th September, 2001 is genuine and has been proved in accordance with law. In view of the findings arrived at in 228/2017, the issues framed in the present suit are decided below :
Issue no. 1. Whether the plaintiff is entitled to a decree of declaration of ownership in respect of first floor of the property bearing no.A-266, New Friends Colony, New Delhi? OPP
Issue no.2. Whether the plaintiff is entitled to a decree of permanent injunction, as prayed for in prayer (b) of the prayer clause in the plaint? OPP
Issue no.3. Whether the plaintiff is entitled to a decree for partition of the suit property? OPP
Issue no.7. Whether Lt. Sh. Ram Singh Maini had left behind a will dated 07.09.2011 in favour of defendant? If so, to what effect? OPD
As per the Will dated 7th September 2001, the property has been bequeathed to Sh. Paramjit Singh Maini to the exclusion of all legal heirs. The Will specifically states as under :
“...I had allowed my son Harjeet Maini to reside on the first floor of the aforesaid property bearing No. A-266, New Friends Colony, New Delhi-110065. He is residing as my Licensee and has no right, title and interest in the said first floor.
So long as I am alive, I shall continue to be th
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