DAYAWATI KHANNA Vs. SUMAN MEHRA

JUDGEMENT

(1.) THIS is an application filed by defendant no. 6 for permission (i) to let out the second and third floor of the suit property which is a duplex unit, (ii) to restrain the plaintiff and defendant no. 4 and anyone else claiming through them from interfering in his use and enjoyment of the aforesaid portions of the property and to have access to all the portions of the property and (iii) to restrain them and anyone claiming through them, from interfering in use of the basement of the aforesaid property by him.

(2.) THE plaintiff, who is stated to be aged about 80 years, is the wife of defendant no. 6, who is stated to be about 86 years old, whereas defendant nos. 1 to 5 are their daughters. Property no. 21A, Aurangzeb Lane, New Delhi was owned by an HUF consisting of defendant No.6 Shri T.N. Khanna and his three brothers namely Bhola Nath, Mahadev Prasha and Santosh Kumar. A partition took place amongst the members of the aforesaid HUF and in that partition, Unit no. 4 in the aforesaid property fell to the share of Shri T.N. Khanna, HUF. This partition was affirmed by an arbitrator who was appointed to adjudicate on certain disputes which had arisen amongst Shri T.N. Khanna and his three brothers.

(3.) ADMITTEDLY, there is no document evidencing the understanding/agreement pleaded by the plaintiff. The understanding is alleged to have been arrived in the year 1995. However, in her Will executed on 25th October, 2000, the plaintiff herself referred to Unit No. 4 in the property no. 21-A, Aurangzeb Lane, New Delhi as the property of Shri T.N.Khanna, HUF.