* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 22.11.2012 Date of Decision : 24.01.2013 + FAO (OS) Nos. 444–445 of 2012 SAHIB SINGH … … ... … … … … ... Appellant Through : Mr. J.P. Sengh, Sr. Adv. with Mr. J.S. Bhasin, Ms. Rashmi Priya and Ms. Ankita Gupta, Advocates.

V E R S U S ARVINDER KAUR & ORS. ... … … … … Respondents Through : Mr. Jagjit Singh and Mr. Bhagat Singh, Advs. for R – 1 to R – 4.

Mr. Jagbir Singh, Adv. for R – 5.

CORAM:

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI SANJAY KISHAN KAUL, J.

1. The appellant filed a suit, being CS (OS) No. 2622/2008, for partition, mandatory injunction, declaration and rendition of accounts against the respondents. The appellant claimed that he was the son of late Sardar Amarjeet Singh. Respondent No. 1 is his natural mother, while respondent No. 2 is his brother and respondent No. 3 the sister. Late Amarjeet Singh is stated to have passed away on 23.03.2007 intestate leaving behind movable and immovable properties in which the appellant had undivided interest. The amounts being realized from the properties are stated to have been personally appropriated by respondents No. 2 to 4.

2. Respondent No. 5, namely, Sardar Jagbir Singh, is the real brother of late Amarjeet Singh. He is stated to have had no issue from his wedlock which resulted in a mutual understanding / settlement between late Amarjeet Singh and him that late Amarjeet Singh would give the custody of his child to his brother / respondent No. 5, who shall look after him and in case a child is born from the wedlock of Sd. Jagbir Singh and his wife within 7 years, then the custody of the child (appellant herein) would revert back to late Amarjeet Singh for all intents and purposes. An Adoption Deed / Settlement dated 01.12.1984 is stated to have been executed between the parties. Sd. Jagbir Singh was blessed with the child on 04.04.1990 and, thus, the custody of the appellant is stated to have reverted back to late Amarjeet Singh and a document called “Cancellation of Adoption Deed Dated 01.12.1984” was also executed between the parties on 11.08.1991. It is in view thereof that the appellant claims that he has all right, title and interest in the estate of late Amarjeet Singh.

3. Insofar as respondent No. 4 is concerned, the allegation is that he was brought up by respondent No. 1 (his mother) alleging him to be her brother, but later transpired that respondent No. 4 was actually her son from a marriage with one Sd. Jagbir Singh Walia. This, in fact, resulted in late Amarjeet Singh, during his lifetime, instituting a petition for declaration of his marriage null and void on the ground that his spouse had a subsisting earlier marriage, but that issue was resolved between respondent No. 1 and late Amarjeet Singh. Respondent No. 4 is alleged to have never been adopted by late Amarjeet Singh and, thus, it is pleaded that he had no right, title or interest in the suit properties.

4. The appellant has alleged that he came to know in October, 2008 that respondent No. 4 had filed a suit for declaration and mandatory injunction against the legal heirs of late Amarjeet Singh excluding the appellant alleging that he was the son of late Amarjeet Singh. The suit is stated to be collusive and in the suit, some oral Family Settlement dated 23.04.2007 was pleaded. The name of the appellant did not figure in the said Family Settlement alleged to have been executed between respondent No. 4 on the one hand and respondents No. 1 to 3 on the other. The objective is alleged to be to deprive the appellant of his due share and, thus, he has claimed that the Memorandum of Oral Family Settlement dated 23.04.2007 be declared null and void and not enforceable against the appellant.

However, no relief is claimed against respondent No. 5.

5. Respondents No. 1 to 4 filed a common written statement alleging that the whole cause of action of the appellant was based on the premise of the adoption being cancelled in the year 1991