SURINDER KAUR BHALLA Vs. BAWA ASHPAL SINGH BHALLA

JUDGEMENT

(1.) JUDGMENT -

(2.) PLAINTIFF who is the mother of the defendant has filed the present suit for a declaration that she is the sole owner of House No. A-1/154, Safdarjung Enclave, New Delhi and that her son the defendant has no title or proprietory right in the aforesaid property. The allegations are that her deceased husband was granted perpetual lease of land of the plot underneath this house by the President of India vide the perpetual lease deed dated 9th August, 1964. The deceased raised construction over this plot and thereafter was in occupation and management of this house during his life time. He died on 11th June, 1986. On 1st August, 1985 the deceased executed a Will of his properties, both moveable and immoveable (including the house in dispute). It is further alleged that after the death of the husband, the defendant became inimical to the plaintiff and started harassing her. According to the Will she is the sole owner of the aforesaid property. Some of its clauses are enumerated in para 6 of the plaint. For some time before the filing of the suit, defendants is alleged to be openly threatening the plaintiff that he would sell away or mortgage the house to some person to the detriment of the plaintiff, thereby casting a cloud on the title of the plaintiff; hence this suit.