IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

CS (OS) NO.1150 OF 2003

IN THE MATTER OF:

Mrs. Anju Khanna …Plaintiff

Versus
Bipin Gakhar & Anr. …Defendant

EVIDENCE BY WAY OF AFFIDAVIT OF

MR. KANWAL RAJ GAKHAR (DW2)

I, Kanwal Raj Gakhar, S/o Late Shri Surender Nath Gakhar, R/o 7/6,

South Patel Nagar, New Delhi, do hereby solemnly affirm and state

as under:-

1. That I am the Defendant No.2 in the above mentioned suit and

therefore well conversant with the facts and circumstances of the

case and as such fully competent to swear this affidavit.

2. I say that Plaintiff is my real sister and Defendant No.1 is my

real brother.

3. I say that all the three of us are Descendents from our father

late Shri Surinder Nath Gakhar who after partition of the country

shifted from Mardan (now in Pakistan) to New Delhi in the year

1947. Thereafter Late Shri Surinder Nath Gakhar shifted to Kabul

and worked there for 30 years after which he returned to New Delhi

in early 1980’s when the Russians invaded Afganistan.

4. I say that my father late Shri Surender Nath Gakhar expired

on 19th November, 2002. I further say that my mother late Smt.

Chanchal Kumari Gakhar W/o late Shri Surender Nath Gakhar

predeceased my father on 11.02.1998.

5. I say that my father after coming back from Kabul and before

his death carried out various businesses in Delhi and Surat and

acquired various Movable and Immovable properties from his own

funds and income.

DETAILS OF THE PROPERTIES

IMMOVABLE PROEPRTIES

i) Property No.7/6, South Patel Nagar, measuring 200 sq. yards

including the building comprising of Ground Floor, First Floor
and Second Floor.

ii) Katra Ishwar Bhawan and Shops/Office at Khari Baoli, Gandhi

Gali, Delhi.

iii) Office at C-9, Bombay Market, Surat, Gujarat.

iv) Factory at Surat – Weaving, Spinning and Twisting Mill,

Producing fabric.

v) Flat No.1-A084, Ridgewood Apartment, DLF City, Phase-I,

Gurgaon, Haryana.

vi) Plot/property No.B-16/6, 270 sq. yards in DLF, Gurgaon.

Haryana.

vii) Flat No. 2-C, Ravihhaya Apartments, Athwa Lines, Surat,

Gujarat.
MOVABLE PROPERTIES

(i) Gold and Silver Jewellery in lockers with Punjab & Sind Bank,
West Patel Nagar Branch, New Delhi.

(ii) Import business of dry fruits through the companies/offices by

the name and style of Bipin Trading Co. and Kanwal Trading
Co. at Khari Baoli, Katra Ishwar Bhawan, Gandhi Gali, Delhi.

The details of properties acquired by late Shri Surinder Nath

Gakhar annexed as P1 with the Plaint is marked herewith as
Exhibit-DW2/A.

6. I say that before my father’s death on 19th November 2002 he

executed a will on 15th June 2000, which was made by him in good

health and sound mind in the presence of two witnesses, which is

his last will and testament, through which he bequeathed his

properties upon me and my brother which has been implemented by

us long back. The true translated copy of the original will dated

15.06.2002 executed by late Shri Surinder Nath Gakhar is annexed

with the Written Statement as Annexure-D/1 and Exhibit herewith as

Exhibit-DW2/B.

7. I say that the Plaintiff has no right, interest or claim in our

deceased father’s properties as described in detail hereinabove.

The same are all his self acquired properties and have been willed

by him in favour of myself and my brother which has been duly

implemented between us and has been mutated in our name.

8. I say that there is no dispute between me and Defendant No.1

with regard to the distribution of the properties left by deceased

father and bequeathed upon us as per his last will dated 15th June,

2000.

9. I say that the Plaintiff was married during the life time of our

deceased father late Shri Surender Nath Gakhar and was given by

him sufficient at the time of her marriage and after.

10. I say that the suit is based on the wrong assumption that our

father late Shri Surender Nath Gakhar died intestate. He did not die

intestate as he had executed a will dated 15th June, 2000.

11. I say that the Plaintiff herself had relinquished all her rights in

the locker in my favour by way of execution of a Relinquishment

Deed dated 2nd December, 2002. It was duly signed by the Plaintiff

and a true copy of the Relinquishment deed date 2 nd December,

2002 executed by the Plaintiff is annexed with the Written Statement

as Annexure-D/2 and marked herein as Exhibit-DW2/C.

12. I say that Plaintiff is not entitled to receive any account of

income derived out of the Suit Properties as all the Suit Properties

belong to the Defendants herein.

13. I say that due to reasons best known to the plaintiff, she has

become greedy and at the behest of certain other persons including

her husband she is indulging in false and frivolous litigation.

14. I say that the Plaintiff is happily married and has a loving

husband and children. She has enough financial resources of her

own.

15. I say that the properties in question have already devolved

upon the Defendants in accordance with the last Will and testament

of their father, late Shri Surinder Nath Gakhar. The Plaintiff has no

share or right in the same.

16. I say that there is no question of any partition of the properties

in question as the late father of the parties has left behind the will

and testament according to which the properties have been

devolved upon the Defendant No.1 & 2 and the Defendants have

duly given effect to the same.

17. I say that Plaintiff has no right in the properties in question.

The Defendants are legally free to use the properties which have

devolved upon them in accordance with the Will of their deceased

father.

18. I say that the Plaintiff in the facts and circumstances of the

case has no right in the properties in question as the properties were

created and owned by the late Shri Surinder Nath Gakhar, the

deceased father of the Defendants and the Plaintiff, who have left

behind a Will bequeathing the properties upon his two sons, the

Defendant 1 and 2.
 I state that in view of the above the claim made by the Plaintiff

is false and untenable and that the present suit is liable to be

dismissed with costs.

DEPONENT

VERIFICATION

Verified at New Delhi on this th day of July, 2004 that the contents

of my above Affidavit are true and correct to the best of my

knowledge and belief, no part of it is false and nothing material has

been concealed therefrom.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

CS (OS) NO.1150 OF 2003

IN THE MATTER OF:

Mrs. Anju Khanna …Plaintiff

Versus
Bipin Gakhar & Anr. …Defendant

INDEX

SL. PARTICULARS PAGE

NO. NO.

1. Evidence by way of Affidavit of Mr. Kanwal Raj 1 –

Gakhar (DW2).

FILED BY:

Namrata Chopra/Uday Kumar

INDIAN LAW ASSOCIATES,
ADVOCATES FOR THE PLAINTIFF
16, TODARMAL ROAD,
NEAR BENGALI MARKET,
NEW DELHI – 110011
NEW DELHI
July , 2004
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

CS (OS) NO.1150 OF 2003

IN THE MATTER OF:

Mrs. Anju Khanna …Plaintiff

Versus
Bipin Gakhar & Anr. …Defendant

EVIDENCE BY WAY OF AFFIDAVIT OF

MR. BIPIN GAKHAR (DW1)

I, Bipin Gakhar, S/o Late Shri Surender Nath Gakhar, R/o Flat 2-C,

Ravi Chhaya Apartments, Athwa Lines, Surat, Gujrat, Now Present

at New Delhi, do hereby solemnly affirm and state as under:-

1. That I am the Defendant No.1 in the above mentioned suit and

therefore well conversant with the facts and circumstances of the

case and as such fully competent to swear this affidavit.

2. I say that Plaintiff is my real sister and Defendant No.2 is my

real brother.

3. I say that all the three of us are Descendents from our father

late Shri Surinder Nath Gakhar who after partition of the country

shifted from Mardan (now in Pakistan) to New Delhi in the year

1947. Thereafter Late Shri Surinder Nath Gakhar shifted to Kabul

and worked there for 30 years after which he returned to New Delhi

in early 1980’s when the Russians invaded Afganistan.

 4. I say that my father late Shri Surender Nath Gakhar expired

on 19th November, 2002. I further say that my mother late Smt.

Chanchal Kumari Gakhar W/o late Shri Surender Nath Gakhar

predeceased my father on 11.02.1998.

5. I say that my father after coming back from Kabul and before

his death carried out various businesses in Delhi and Surat and

acquired various Movable and Immovable properties from his own

funds and income.

DETAILS OF THE PROPERTIES

IMMOVABLE PROEPRTIES

i) Property No.7/6, South Patel Nagar, measuring 200 sq. yards

including the building comprising of Ground Floor, First Floor
and Second Floor.

ii) Katra Ishwar Bhawan and Shops/Office at Khari Baoli, Gandhi

Gali, Delhi.

iii) Office at C-9, Bombay Market, Surat, Gujarat.

Factory at Surat – Weaving, Spinning and Twisting Mill, Producing fabric.

Flat No.1-A084, Ridgewood Apartment, DLF City, Phase-I, Gurgaon,

Haryana.

Plot/property No.B-16/6, 270 sq. yards in DLF, Gurgaon. Haryana.

Flat No. 2-C, Ravihhaya Apartments, Athwa Lines, Surat, Gujarat.

MOVABLE PROPERTIES
(i) Gold and Silver Jewellery in lockers with Punjab & Sind Bank,
West Patel Nagar Branch, New Delhi.

(ii) Import business of dry fruits through the companies/offices by

the name and style of Bipin Trading Co. and Kanwal Trading
Co. at Khari Baoli, Katra Ishwar Bhawan, Gandhi Gali, Delhi.

The details of properties acquired by late Shri Surinder Nath

Gakhar annexed as P1 with the Plaint is marked herewith as
Exhibit-DW1/A.

6. I say that before my father’s death on 19th November 2002 he

executed a will on 15th June 2000, which was made by him in good

health and sound mind in the presence of two witnesses, which is

his last will and testament, through which he bequeathed his

properties upon me and my brother which has been implemented by

us long back. The true translated copy of the original will dated

15.06.2002 executed by late Shri Surinder Nath Gakhar is annexed

with the Written Statement as Annexure-D/1 and Exhibit herewith as

Exhibit-DW1/B.

7. I say that the Plaintiff has no right, interest or claim in our

deceased father’s properties as described in detail hereinabove.

The same are all his self acquired properties and have been willed

by him in favour of myself and my brother which has been duly

implemented between us and has been mutated in our name.

8. I say that there is no dispute between me and Defendant No.2

with regard to the distribution of the properties left by deceased

father and bequeathed upon us as per his last will dated 15th June,

2000.

9. I say that the Plaintiff was married during the life time of our

deceased father late Shri Surender Nath Gakhar and was given by

him sufficient at the time of her marriage and after.

10. I say that the suit is based on the wrong assumption that our

father late Shri Surender Nath Gakhar died intestate. He did not die

intestate as he had executed a will dated 15th June, 2000.

11. I say that the Plaintiff herself had relinquished all her rights in

the locker in favour of my brother Defendant No.2 by way of

execution of a Relinquishment Deed dated 2nd December, 2002. It

was duly signed by the Plaintiff and a true copy of the

Relinquishment deed date 2nd December, 2002 executed by the

Plaintiff is annexed with the Written Statement as Annexure-D/2 and

marked herein as Exhibit-DW1/C.

12. I say that Plaintiff is not entitled to receive any account of

income derived out of the Suit Properties as all the Suit Properties

belong to the Defendants herein.

13. I say that due to reasons best known to the plaintiff, she has

become greedy and at the behest of certain other persons including

her husband she is indulging in false and frivolous litigation.

14. I say that the Plaintiff is happily married and has a loving

husband and children. She has enough financial resources of her

own.

15. I say that the properties in question have already devolved

upon the Defendants in accordance with the last Will and testament

of their father, late Shri Surinder Nath Gakhar. The Plaintiff has no

share or right in the same.

16. I say that there is no question of any partition of the properties

in question as the late father of the parties has left behind the will

and testament according to which the properties have been

devolved upon the Defendant No.1 & 2 and the Defendant have duly

given effect to the same.

17. I say that Plaintiff has no right in the properties in question.

The Defendants are legally free to use the properties which have

devolved upon them in accordance with the Will of their deceased

father.

18. I say that the Plaintiff in the facts and circumstances of the

case has no right in the properties in question as the properties were

created and owned by the late Shri Surinder Nath Gakhar, the

deceased father of the Defendants and the Plaintiff who has left

behind a Will bequeathing the properties upon his two sons, the

Defendant 1 and 2.
 I state that in view of the above the claim made by the Plaintiff

is false and untenable and that the present suit is liable to be

dismissed with costs.

DEPONENT

VERIFICATION

Verified at New Delhi on this th day of July, 2004 that the contents

of my above Affidavit are true and correct to the best of my

knowledge and belief, no part of it is false and nothing material has

been concealed therefrom.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

CS (OS) NO.1150 OF 2003

IN THE MATTER OF:

Mrs. Anju Khanna …Plaintiff

Versus
Bipin Gakhar & Anr. …Defendant

INDEX

SL. PARTICULARS PAGE

NO. NO.

1. Evidence by way of Affidavit of Mr. Bipin Gakhar 1 – 6

(DW1).

2. Evidence by way of Affidavit of Mr. Kanwal Raj 7 – 12

Gakhar (DW2`).

FILED BY:

Namrata Chopra/Uday Kumar

INDIAN LAW ASSOCIATES,
ADVOCATES FOR THE PLAINTIFF
16, TODARMAL ROAD,
NEAR BENGALI MARKET,
NEW DELHI – 110011
NEW DELHI
July 28, 2004