JAI LAL Vs. BRIJENDER LAL

JUDGEMENT

(1.) NONE has appeared for the appellant. Matter is on board and has been called. None had appeared for the appellant on the last date i.e. on 4.10.2010 as well. On 9.9.2009 the appellant had put in appearance through counsel.

(2.) THIS is a dispute between a sister and a brother. The suit had been filed by Brijendra Lal, brother of the defendant Smt. Jai Vij. Both were the children of Late Banarsi Lal Handa who had died on 21.1.1988. A Will had been executed by Banarsi Lal Handa dated 11.4.1986 whereupon he had bequeathed the first floor of property No. F -7/8, Model Town, Delhi to the plaintiff; defendant along with her family had been permitted to stay by late Banarsi Lal in the first floor of the property only as a licensee. On 26.7.1988 the plaintiff had requested his defendant sister to vacate the suit property but to no avail. Suit was filed by the plaintiff. The trial judge had dismissed the suit of the plaintiff.

(3.) THIS is the second appeal. After its admission on 19.12.2005, the following substantial questions of law were formulated which inter alia read as follows: