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2021 Supreme(Del) 174

JAYANT NATH
Deepak Kaur – Appellant
Versus
S. Hari Simran Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Sanjeev Sindhwani, Sr.Adv. with Mr.Amit Bhagat and Ms.Arzoo Raj, Advs.
For the Respondent: Mr.Riju Raj Singh Jamwal, Mr.Jai Salva, Sr.Adv. with Mr.Bijoy Kumar Padhan and Ms.Madhusmita Bora, Advs. for D-3.

JUDGMENT :

JAYANT NATH, J.

IA No.10164/2020

1. This application is filed on behalf of the plaintiff under Order VI Rule 17 CPC for amendment of the plaint.

2. The case of the plaintiff in the original plaint is that the property bearing no. 5, Jantar Mantar Road, New Delhi – 110001 (hereinafter referred to as “the suit property”) was originally owned by the grandfather of the plaintiff, namely, late Sahib Basakha Singh vide a perpetual lease deed dated 18.08.1920 executed in his favour by the Secretary of State for India. During his life time, Late Sahib Basakha Singh gifted the suit property to his son Sardar Daya Singh (father of the plaintiff and defendant No.1) vide a Gift Deed dated 07.03.1956. Sardar Daya Singh then placed the suit property into a Hindu Undivided Family of which he was the Karta, namely S. Daya Singh and Sons (HUF) (hereinafter referred to as “the HUF”). At the time of placing of the suit property in the said HUF, the HUF was said to consist of the following members:

    i) Sardar Daya Singh,

ii) Sardarani Amarjit Kaur (W/o Sardar Daya Singh),

iii) Sardar Hari Simran Singh (S/o Sardar Daya Singh),

iv) Sardar Amolak Singh (S/o Sardar Daya Singh).

3. Sardar Amolak Singh pas

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