CHANDER BHAN DASS Vs. SHRI RAM NATH SHARMA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 5.2.2003. By the impugned judgment, the trial Court dismissed the suit of the appellant/plaintiff filed for possession and damages.

(2.) THE brief facts of the case are that the property bearing No. 5524-5531 Shora Kothi, Pahar Ganj, New Delhi, admeasuring 700 sq. yds along with Shop No. 4569-4571, Main Bazar, Pahar Ganj, New Delhi were owned by Mahant late Shri Manohar Dass. Mahant late Shri Manohar Dass executed a Will dated 15.12.1971 in favour of the appellant/plaintiff. THE appellant/plaintiff obtained a probate of this Will by Probate Case No. 10/1978 vide order dated 12.2.1997. This Will was exhibited before the Trial Court as Ex. PW1/1.

(3.) BEFORE the trial Court, the respondent/defendant firstly sought to place reliance on the Will dated 29.5.1945, said to have been executed in his favour by Mahant late Shri Manohar Dass. Secondly, it was also argued that as per the probated Will the appellant/plaintiff had a right only to manage the property, but had no rights to take possession thereof.