Nominees do not hold absolute title to inherited assets; they are trustees for heirs.

NEENA BANSAL KRISHNA, J.

I.A. 17361/2018 (u/O XII Rule 6 r/w Section 151 of CPC, 1908 )

1. By way of present Application, the plaintiffs seek a Judgment on Admission, for 1/4^th share each in all movable properties left by Late Upkar Gujral and Late Mohinder Singh Gujral, along with interest @ 12% per annum on the said amount from the date of realization of the amount by the defendants.

2. It is submitted that the plaintiffs have filed the Suit for Partition, possession, rendition of accounts, and for perpetual and mandatory injunction. Prior to the present Suit, the defendants had instituted a Suit i.e. C.S. (OS) No. 21/2013 Kiranjit Gujral Ors. Vs. Paminder Paul for declaration and permanent injunction.

3. In the present suit, plaintiffs No. 1 to 3, i.e. Paminder Singh Gujral, Neelu Chawla, Ranju Sayall and defendant No. 1, Kiranjit Singh Gujral are children of Late Mrs. Upkar Gujral and Late Mr. Mohinder Singh Gujral. Defendant No. 2, Rohun Gujral and defendant No.3, Rahil Gujral are the sons of defendant No. 1. The family tree is as follows:

4. Late Mrs. Upkar Gujral died on 08.10.2004, pre-deceased her husband, and executed a will dated 21.07.1995, bequeathing all her movable and immovable properties in favour of her husband, Late Mr. Mohinder Singh Gujral. Probate has been granted in Probate Case No. 234 of 2006 vide order dated 15.05.2007 by the Tis Hazari Court, and a Revocation Petition against the same, filed by the Plaintiffs dated 03.10.2013, is pending.

5. Upon which all movable and immovable properties of Late Mrs. Upkar Gujral devolved upon her husband.

6. Late Mr. Mohinder Singh Gujral died on 04.05.2012, and executed 2 separate wills, each dated 09.05.2008. By virtue of the 1^st will, he bequeathed the property No. A-6, New Friends Colony, New Delhi to his grandsons, Rohun Gujral and Rahil Gujral, defendants No. 2 and 3. By virtue of the 2^nd will, the property bearing No.802, Vishal Bhawan, 95, Nehru Place, New Delhi-19 was bequeathed to Mrs. Neelu Chawla, plaintiff No.2. With respect to the 1^st will, Probate Petition 69/2012 dated 25.05.2012 was filed in Saket Court, to which Objections dated 03.10.2012 have been filed by the plaintiffs.

7. It is submitted that the Wills executed by Late Mr. Mohinder Singh Gujral were for only immovable assets and the same is admitted and established from the Written Statement of the defendants itself. Hence, a Judgement on admission for movable assets, is sought against the defendants under Order XII Rule 6 of CPC, 1908 .

8. The present Application has been contested by the defendants by of way of its Reply, wherein all the averments and contentions made in the present Application have been denied.

9. It is asserted that the assertions of the plaintiffs are not based on the pleadings of the answering defendants.

10. The defendants challenge the maintainability of the Application on grounds that it has been filed after more than 5 years of defendants having filed their written statement dated 26.02.2014. Further, the defendants assert that the plaintiffs have not fulfilled the essential requirements of Order XII Rule 6 of CPC, 1908 and have failed to show any admission that is clear, unambiguous, unconditional and unequivocal.

11. Moreover, the defendants assert that discretionary relief under Order XII, Rule 6 of CPC, 1908 cannot be granted as plaintiffs have not approached the court with clean hands.

12. It is submitted that the present Application is mala fide and is liable to be dismissed.

13. The plaintiffs in its Rejoinder reiterated its submissions made in the Application. It was further asserted that in Order XII, Rule 6, the legislature h