JUDGEMENT

Prathiba M. Singh, J. Background

1. This hearing has been held through hybrid mode.

2. The present petition under Article 227 of the Constitution of India has been filed by the Petitioners- Manmohan Singh and Ravinder Singh (i.e. Defendant Nos.1&3 in the suit), who are the sons of late Gurcharan Singh, challenging the impugned order dated 26th September, 2017.

3. Vide the impugned order, the preliminary issue framed in Suit No. 613355/2016 titled ‘Shital Singh v. Manmohan Singh’, was decided by the ld. Addl. District Judge, West, Tis Hazari, Delhi (hereinafter, ‘ld. Trial Court’) in favour of the Respondent Nos. 1-4 (i.e., Plaintiff Nos. 1-4). The ld. Trial Court held that by virtue of the Will dated 13th January, 1989, Smt. Mahinder Kaur (wife of the late Gurcharan Singh) became the absolute owner of property bearing ‘No. B-356, Hari Nagar Clock Tower, New Delhi’ (hereinafter, ‘subject property’).

4. The Respondents impleaded in the present petition are as follows:

Respondent No. 1	Shital Singh	Plaintiff No. 1
Respondent No. 2	Raghbir Singh	Plaintiff No.2
Respondent No. 3	Harbhajan Singh	Plaintiff No.3
Respondent No. 4	Kawaljit Kaur	Plaintiff No.4
Respondent No. 5	Narinder Singh	Defendant No. 2
Respondent No. 6	Adish Kaur	Defendant No. 4

5. The background facts of the present writ petition are as follows - A suit for partition and permanent injunction concerning the subject property was filed by three sons of the late Gurcharan Singh—Shital Singh, Raghbir Singh, Harbhajan Singh—and the daughter, Kawaljit Kaur. The suit was filed against three siblings: Manmohan Singh, Narinder Singh, Ravinder Singh, and Adish Kaur, a granddaughter through Darshan Singh, the pre- deceased son of Gurcharan Singh.

6. In total, Gurcharan Singh had seven sons, one of whom, Darshan Singh, had passed away, and one daughter. Gurcharan Singh passed away on 14th March, 1989, survived by his wife, Mahinder Kaur. He had executed a registered Will dated 13th January, 1989. In this Will, he made a bequest in favour of his wife, Smt. Mahinder Kaur, in the following terms:

“That so long as I am alive, 1 shall remain full owner of my properties moveable and immoveable and after my death, it is my heartiest desire that my properties shall devolve in the manner stated as under and not by succession.

A) with respect of my properties B.314, Hari Nader, Clock Tower, New Delhi-110064, as well as shop Mo.9040, East Park Road, Sheedi Pura, Karol Bagh, New Delhi. 110005, my previous WILL dated 2nd September, 1981 registered as document No. 5285 in additional Book No.3, Volume No.203, entered at pages 35 to 36 registered on 4th September, 1981 shall prevail and the said properties shall devolve in the manner stated in the said Will.

B) that my property No.B.356, WZ-132, Hari Nager, Clock Tower, New Delhi- 110064 shall devolve to my wife Smt. Mahinder Kaur as life estate. She shall have every right to recover the rent of the said property and use the same. She has every right to lease out any portion and recover rent but she has no right to sell, alienate and transfer the same. In case, of her death, the said property shall devolve in the following manner:-

i) Shop No.2 shall vest to my daughter Smt. Kamal Jeet wife of Shri Kuldeep Singh, shown In 'Yellow Colour’ in the plan attached. Shops No.3 and 4 and room No.1 in the ground floor and adjoining kitchen shown in ‘Red Colour’ shall devolve upon my grand sons Serva Shri Balbir Singh and Avtar Singh, sons of Shri Ravinder Singh absolutely, under the guardian ship of their father Shri Ravinder Singh being only Minors. Shops No.1 and 5 to 10 are seven shops and rooms No.2, 3 and 4 and two kitchen end 3 rooms in the first floor and one kitchen shown in ‘Greer Colour’ shall devolve upon my sons, Shri Shital Singh, Narinder Singh and Man Mohan Singh in equal shares. The portion shown is in ‘Green Colour’ in the plan attached. The said sons shell be entitled to entire first floor, second floor and whatever floor added in t