- (1.) Leave granted.
(2.) The appellant, hereinafter referred to as the plaintiff, is the daughter of Nawab Iftikar Ali Khan and Mehar Taj Sajeda Sultan. Defendants 1 and 2, who are respondents 1 and 2 herein, are her siblings. Defendant No.3 is her niece, being the daughter of her brother, Defendant No.1. Defendant Nos.4 and 5 are assignees from Defendant No.2.
(3.) The plaintiff filed a suit C.S. (OS) No.495 of 2004 on the original side of the High Court of Delhi praying for the following reliefs: "(a) Pass a decree of declaration declaring the oral Will dated 1.1.1995 allegedly made by Her Highness Begum Mehar Taj Sajida Sultan was never made, further declare that the Sale deed purported to have been executed on behalf of Defendant No.2 in favour of Defendant No.4 and 5 as null and void; (b) to pass a decree of partition in favour of the plaintiff in respect of her entitled share in view of the Islamic Personal Law i.e. of total properties/estates, out of 180 Kanals and 12 Morlas situated at Village Pataudi, Gurgaon left behind by above mentioned Her Highness Mehar Taj Sajida Sultan; (c) Pass a decree of rendition of account in respect of the earnings of the above mentioned properties w.e.f. June, 2000 uptill filing of the present suit; (d) Pass a decree of permanent injunction restraining the Defendants, their employees, servants whosoever acting on their behalf from using, alienating, parting with possession and/or dealing with in any manner whatsoever in respect of the respective shares of the plaintiff; (e) Pass an order for cost of the suit; and (f) Pass any other and further orders as this Hon'ble Court may deem fit, just and proper.";