IMPORTANT POINT
The judgment emphasizes that in a suit for possession, the controversies raised between the parties to the litigation alone must be adjudicated upon, and the scope of the suit cannot be expanded to include claims of third parties regarding ownership/title of the property.

JUDGMENT

Neena Bansal Krishna, J.

I.A. 13850/2021 (under Order I Rule 10, Order XXXII Rule 1 read with Section 151 of the CPC for impleadment); I.A. 11075/2022 (under Order I Rule 10, Order XXXII Rule 1 read with Section 151 of the CPC for impleadment) & I.A.11076/2022 (under Order XXXII Rule 3 read with Section 151 of CPC for appointment as the guardian ad-litim)

1. The application being I.A. 13850/2021 under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, (hereinafter referred to as `CPC') has been filed on behalf of Ms. Zoya Mohan Nursingh, to be impleaded as a party and I.A. No. 11075/2022 under Order I Rule 10, Order XXXII Rule 1 read with Section 151 of the CPC, has been filed by Ms. Salina Singh Sandhu d/o Late Sh. Sanjay Singh Sandhu, through her maternal grandmother Ms. Rajni Tyagi, to be impleaded as a party to the present suit with an accompanied with an application being I.A. 11076/2022 under Order XXXII Rule 3 read with Section 151 of CPC, filed on behalf of Ms. Rajni Tyagi, to be appointed as the guardian ad-litim of the applicant Ms. Salina Singh Sandhu.

2. Ms. Zoya Mohan Nursingh in her application has asserted that the suit property i.e. the Ground Floor of Block No. 172, Plot No. 202, JorBagh, New Delhi - 110003, comprising three bedrooms with attached bathrooms. Drawing Room, Dining Room, One Kitchen, Front Lawn, Back Courtyard, One Car Parking, One Servant Room with common Bath and Toilet on the right side of the terrace above Third Floor of Block No. 172, Plot No. 202, JorBagh, New Delhi, is an HUF property having been purchased by Late Sh. Hardev Singh, father of applicant Ms. Zoya Mohan Nursingh and grandfather of applicant Ms. Salina Singh Sandhu, from the proceeds of ancestral properties of the family. It is submitted that though the property had been purchased by their father in the name of mother Late Smt. Sheila Sandhu, but it does not change the character of the property even if the Sale Deed was executed in her name. Thus, the suit property being an ancestral property, Late Smt. Sheila Sandhu, the mother of applicant Ms. Zoya Mohan Nursingh and grandmother of applicant Ms. Salina Singh Sandhu, did not have the right to bequeath the same to the plaintiff.

3. It is asserted that Ms. Zoya Mohan Nursingh and Mr. Sanjay Singh, father of applicant Ms. Salina Singh Sandhu, being the Class I heirs of Mr. Hardev Singh, have a right, title and interest in the suit property, therefore, they both by way of their respective applications, have sought their impleadment in the present suit.

4. It is asserted that the plaintiff has taken advantage of the mental condition of Late Mrs. Sheila Devi who was showing symptoms of early onset of alzheimers and dementia since 2006, to get the documents executed in her favour. Thus, undue force and coercion has been exercised by the plaintiff in execution of the documents which are illegal and void.

5. Similar grounds have been agitated by Ms. Salina Singh Sandhu for her impleadment through her maternal grandmother, as she is a minor.

6. The applications are contested by the plaintiff, who has stated that a registered Gift Deed dated 29.01.2008, was executed in her name by her mother Late Smt. Sheila Devi. She had also executed a prior Will dated 22.06.2006, wherein she had stated that the residential property bearing No. 202, Zor Bagh (Ground Floor) along with the commercial property at World Trade Centre, Barakhamba Lane, New Delhi, shall be bequeathed to the plaintiff.

7. Not only this, a subsequent Will dated 18.08.2011 was executed by Ms. Sheila Sandhu, wherein, she had revoked all her earlier Wills and executed a fresh Will in respect of her assets, which she bequeathed to the legal heirs of Late Mr. Sanjay Singh Sandhu, her son/husband of the defendant and to the applicant Ms. Zoya Mohan Nursingh. It is asserted that in the subsequent Will, there was no mention of the suit property since it stood gifted to the plaintiff.

8. It is submitted that the