PUSHPA KUMARI Vs. JAI GOPAL

JUDGEMENT

(1.) Property no. 366 Ward No. 8, Katra Sheikh Ranjha, Hauz Qasi, Delhi is stated to be a self-acquired property of Smt. Savitri Devi daughter of Shri Loku Ram. Savitri Devi died on 11/11/1988. She had let out the first and the second floor of the property referred to above to Ashok Kumar Gupta, defendant no.9 and Mrs. Bina Gupta, defendant no.10 A shop having two doors on the ground floor on the said building had been let to Mishri Devi, defendant no.11 and Jag Niwas, defendant no.12. The plaintiff is the daughter of Savitri Devi and isstated to be handicapped. Defendants 1 to 8 are the relations of Savitri Devi, namely defendants 1 and 2 are the sons of Savitri-Devi, defendants 3 and 4 are the wife and son of Tirath Dass, the pro-deceased son of Savitri Devi and defendants 5 to 8 are the daughters of Savitri Devi. By virtue of the will of 4/4/1977 Savitri Devi had bequeathed the property to the plaintiff. It was registered on 6/12/1990. On the death of Savitri Devi thus the plaintiff became the sole owner of the property.

(2.) After the death of Savitri Devi defendants 11 and 12 attorned to the plaintiff as landlord of the premises in their possession as tenants and so did defendants 9 and 10. However, Jai Gopal, defendant no.1 informed the tenants that plaintiff has no concern with the property and he had set up a forged will before the Municipal Corporation of Delhi purported to have been executed by Savitri Devi on 22/8/1988. The plaintiff informed the Municipal Corporation of Delhi that the said will has no effect. The present civil suit has been filed for a declaration that plaintiff is the sole and absolute owner of the property bearing no. 366 Ward No. 8, Katra Sheikh Ranjha.Huaz Qazi, Delhi.

(3.) Notice of the civil suit had been issued and defendant no.1 had contested the same by filing the written statement. We took up the plea that the will dated 4/4/1977 purported to have been executed by Savitri Devi was revoked and cancelled by her by virtue of subsequent will of 22/8/1988 thereby the property was bequeathed by her in favour of defendant no.1 On the death of Savitri Devi by virtue of the said will defendant no.1 became the owner of the property. It is therefore denied that the plaintiff is the owner of the property or is entitled to the declaration claimed.