SHRI HARKISHAN SINGH Vs. RAM PRAKASH DUA

JUDGEMENT

(1.) THE challenge by means of this Regular Second Appeal is to the impugned judgment dated 13.10.2009 of the Appellate Court, and by which judgment, the Appellate Court dismissed the appeal of the appellants and confirmed the judgment and decree dated 2.5.2006 passed by the Trial Court decreeing the suit for possession with respect to the suit property admeasuring 73 square yards, bearing municipal no. A-547, Shastri Nagar, Sarai Rohilla, Delhi.

(2.) THE facts of the case are that one Sh. Asa Ram Dua, father of the plaintiff owned a property admeasuring 150 square yards in khasra no.484/17, Village Sidhore Kalan, Dabur Wala, Delhi jointly with his brother Sh. Jiwan Dass. After partition between Sh. Asa Ram Dua and Sh.Jiwan Dass, Sh. Asa Ram Dua became the owner of 73 square yards of the property, i.e. the subject property. Sh.Asa Ram Dua left behind the plaintiff, Ram Prakash Dua as a son. Sh. Asa Ram Dua also had another son, Sh. Sunder Lal Dua and two daughters, Smt. Ram Pyari and Smt. Kamlesh Sachdeva. Sh.Sunder Lal Dua and two daughters Smt. Ram Pyari and Smt. Kamlesh Sachdeva are said to have executed a relinquishment deed dated 17.11.1995 in favour of the plaintiff/respondent no.1.

(3.) THE only issue which arose before the Court below, and which is also an issue which is argued before me is as to whether Sh. Asa Ram Dua has executed his Will dated 9.9.1983 in favour of Smt. Raj Kaur @ Raj Rani wife of Sh. Sunder Lal Dua. If this Will was not a genuine Will, then, Smt. Raj Kaur @ Raj Rani could not have executed her Will dated 10.6.1995 in favour of her brother Sh. Harkishan Singh who would therefore have no right to transfer the property to the subsequent transferees, the other defendants in the suit.