SAHIB DAYAL GOEL & ORS. vs PREM DAYAL GOEL

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st May, 2025 + CS(OS) 176/2025 and IA Nos. 7342-44/2025 SAHIB DAYAL GOEL & ORS. .....Plaintiffs Through: Mr.Jawahar Chawla, Advocate versus PREM DAYAL GOEL .....Defendant Through: Mr. K. R. Gupta and Mr. Harsh Tayal, Advocates % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present suit has been filed seeking partition qua the estate of late Sh. Bishamber Dayal and more specifically immovable property bearing No.7A/3, W.E.A. Area, Karol Bagh, Delhi, 110005 (‘suit property’) 2. The Plaintiffs contend that late Sh. Bishamber Dayal passed away on 30.11.1975 leaving behind five (5) Class-I Legal Heir. The Plaintiffs claim 1/5th undivided share each in the suit property. 3. The plaint is silent as to whether this claim of 1/5th undivided share in the suit property is being made on the basis of intestate succession or by testamentary succession. 3.1. The learned counsel for the Plaintiffs as well is unable to assist this Signature Not Verified Digitally Signed CS(OS) 176/2025 Page 1 of 4 By:MAHIMA SHARMA Signing Date:22.05.2025 19:23:36 Court with respect to the basis of the said claim. 3.2. However, a holistic perusal of the plaint gives a distinct impression to this Court that the said plea has been set up on the basis of intestate succession. 4. Defendant has placed on record under cover of index dated 22.04.2025 documents to show that late Sh. Bishamber Dayal had executed a Will dated 20.06.1972 with respect to the suit property and had bequeathed the suit property in favour of Defendant’s son i.e., Sh. Ragbar Dayal and daughter Smt. Kumari Sumitra Goel, to the exclusion of all his other legal heirs. 4.1. Defendant has placed on record affidavit