(1.) This application is filed on behalf of the plaintiff under Order VI Rule 17 CPC for amendment of the plaint. IA No.10164/2020
(2.) The case of the plaintiff in the original plaint is that the property bearing no. 5, Jantar Mantar Road, New Delhi 110001 (hereinafter referred to as "the suit property") was originally owned by the grandfather of the plaintiff, namely, late Sahib Basakha Singh vide a perpetual leasedeed dated 18.08.1920 executed in his favour by the Secretary of State for India. During his life time, Late Sahib Basakha Singh gifted the suit property to his son Sardar Daya Singh (father of the plaintiff and defendant No.1) vide a Gift Deed dated 07.03.1956. Sardar Daya Singh then placed the suit property into a Hindu Undivided Family of which he was the Karta, namely S. Daya Singh and Sons (HUF) (hereinafter referred to as "the HUF"). At the time of placing of the suit property in the said HUF, the HUF was said to consist of the following members:
(3.) Sardar Amolak Singh passed away in 1998, leaving behind a Will dated 30.04.1998 by virtue of which he bequeathed 80% of his share in the HUF (i.e. 20% share in the suit property) in favour of his sister, the plaintiff herein. Remaining 20% of his share in the HUF (i.e. 5% share in the suit property) was bequeathed for charitable purposes. Thereafter, in 2010, the plaintiff being a co-owner of the suit property filed a suit for partition before this court, which was registered as CS(OS) 738/2010. During the pendency of the said suit, a Memorandum of Agreement/Settlement dated 10.12.2011 was executed between the parties wherein it was agreed that the plaintiff has 20% undivided interest in the suit property and that an area equal to 20% of the overall area of the plot was agreed to be allocated to the plaintiff. The suit was decreed and disposed of on 23.11.2011 in terms of the aforesaid Memorandum of Agreement/Settlement dated 10.12.2011. It is stated that onan application filed by the parties, the court on 22.05.2012 clarified that the decree in the suit was not a partition decree and was merely a decree of declaration of the shares of the parties.