NATHU RAM JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Plaintiff Nathu Ram Jain had filed a suit for mandatory injunction. It had been averred that by virtue of a probated will dated 19.10.1981 in respect of property No.A2/252, Paschim Vihar, New Delhi, the plaintiff had acquired title of the aforenoted property. A direction had been sought against the defendant i.e. the Delhi Development Authority (DDA) that the defendant be directed to mutate the aforenoted suit property in the name of the plaintiff in terms of the aforenoted will which had been executed in his favour.

(2.) In the written statement, the contention of the defendant was that the original allottee of this property was admittedly S.K.Jain who had been given possession of the same on 27.4.1976. Plaintiff Nathu Ram Jain was seeking mutation of this plot in terms of a will which had been executed in his favour; admittedly the original allottee S.K.Jain was not the blood relation of the plaintiff; plaintiff had been asked by the department to furnish a copy of the will and other documents which were essential for the mutation of the plot as the plaintiff was a non-blood relation; further if a will had been made in favour of a non-blood relation, mutation could be allowed only after charging a 50% unearned increase. Contention of the defendant was that in spite of repeated request and letters of communication, the plaintiff had failed to supply the requisite documents to the department.

(3.) Trial Judge framed seven issues. They inter alia read as follows: