Inder Singh and Others v. State and Others

1. These appeals arise from a judgment dated 3.12.2008 in two connected probate petitions, being Probate Case No. 532/2006 which was filed by the respondents herein namely Sh. Preet Singh; Sh. Raj FAO29/2009 and FAO30/2009 page lofS 2017:DHC:9102 ^3 Singh and Sh. Kartar Singh, and Probate Case No. 50/2006 which was filed by one of the appellants Sh. Inder Singh. These two connected appeals are filed by the same appellant-Sh. Inder Singh being FAO No. 29/2009 & FAO No. 30/2009 both titled as Inder Singh and Others Vs. State and Others.

2. The dispute though is with respect to Wills, the real dispute is with respect to property comprised in Khasra Nos. 31/1(4-16), 49/5 (4-16) and 50/24 (4-16) in village Kair, Najafgarh, New Delhi.

3. It is agreed that the probate petitions filed in the court below, instead of being treated as probate petitions, will be treated as suits for declaration with respect to the respective Wills which were propounded by the parties with Sh. Inder Singh having propounded the Wills dated 5.2.1979 and 15.4.1995, and the Will dated 14.1.1993 having been propounded by the respondents herein namely Sh. Preet Singh; Sh. Raj Singh and Sh. Kartar Singh.

4. Sh. Kartar Singh has since expired his legal heirs have already been impleaded.

5. It is further agreed that since the cases before the courts below FAO 29/2009 and FAO 30/2009 page 2 of[5] are treated as suits for declaration by the respective parties of the three Wills dated 5.2.1979, 14.1.1993 and 15.4.1995, these appeals are also accordingly treated as first appeals under Section 96 CPC. Once the appeals are treated as first appeals under Section 96 CPC, the provision of Order 41 Rule 33 CPC will apply.

6. It is agreed and accordingly these appeals are disposed of in terms of the present consent order between the parties that the respondents Sh. Preet Singh, Sh. Raj Singh and legal heirs of. deceased Sh. Kartar Singh who have been impleaded in terms of C.M. No. 11484/2010 which was allowed on 30.9.2010, will be owners of 4 V[2] bigha of land in the total land which is stated in earlier part of this order. Out of the total of 4 '/2 bighas qf land to be given to Sh. Preet Singh, Sh. Raj Singh and legal heirs of deceased Sh. Kartar Singh, 1/3'"'' ofthe land will go to Sh. Preet Singh, 1/3'^'^ ofthe land will go to Raj Singh and 1/3'"^ ofthe land will go to the legal heirs ofSh. Kartar Singh. What is the land of 4 V[2] bighas which will be given by the appellants to Sh. Preet Singh, Sh. Raj Singh and Sh. Preet Singh in the ratio of 1/3'^'' each will be decided solely by the appellants and FAO 29/2009 and FAO 30/2009 page 3 of[5] respondents will have no objection as to which is the parcel of[4] bighas of land which is being given by the appellants to the respondents.

7. Let a site plan ofthe total land be prepared, and ofwhich an area of4^2 bighas be specifically earmarked with specific colouring, and 4 '/a bighas have to be given to the respondents in this appeal in three shares. What will be the l/S'"' share inthe 4 'A bighas ofland of each of the respondents being Sh. Preet Singh, Sh. Raj Singh and legal heirs of deceased Sh. Kartar Singh, that will be inter se decided by the respondents. This site plan with respect to 4'/2 bighas of land being given to the respondents by the appellants will be prepared by the appellants within aperiod of four weeks from today and the same will be duly signed by all the appellants. Possession of the 4 ^2 bighas of land will also be given within a period of four weeks from '' today to the respondents along with the signed site plan demarcating the 4 ^/2 bighas of land being given by the appellants to the respondents under the present consent order.

8. Since probate cases are not treated as probate cases, and FAO 29/2009 andFAO 30/2009 page 4of[5] petitioners in Probate Case No. 532/2006 being Sh. Preet Singh, Sh. Raj Singh and Sh. Kartar Singh have deposited courtfees for grant of probate and which was allowed in terms of the impugned judgment dated 3.12.2008, the concerned court below will now refund the court fees paid on behalfof Sh. Preet Singh, Sh. Raj Singh and Sh. Kartar Singh for preparing of the probate. Needful be done by the concerned court on the filing of the application by Sh. Preet Singh, Sh. Raj Singhand legal heirs of deceased Sh. Kartar Singh. •

9. The appeals are accordingly disposed of as compromised in terms of the present order and this order will form a compromise decree between the parties. VALiMIKI J. MEHTA, J SEPTEMBER 21, 2017 " A iflK FAO 29/2009 and FAO 30/2009 page 5 of[5]