HARISH SHARMA Vs. RAMESH KUMAR

JUDGEMENT

(1.) The plaintiff has filed this suit for permanent injunction against the defendants from selling, assigning, parting with possession, letting out etc. the whole or part of property Nos. 737, to 739 (New No. 9 /6919) Gali Arya Samaj, Gandhi Nagar, Delhi as shown in red in site plan attached (hereinafter "the suit property").

(2.) The plaintiff is a grand-son of Babu Lal who died on 13.9.1982. He had three sons, namely Bishan Dayal, Shankar Lal and Rajender Pal and two daughters, Saroj and Bimla. Bishan Dayal one of his sons died during his life-time, leaving behind his wife and one son. Plaintiff is the son of Rajender Pal. Defendant Nos. 1 to 4 are the Legal Representatives of Shankar Lal and defendant Nos. 5 and 6 are the Legal Representatives of Bishan Dayal. Babu Lal was the owner of property No. 737-740, Gall Arya Samaj, Gandhi Nagar, Delhi (New No. 9/6919 and 9/6919-A), Gali Arya Samaj, Gandhi Nagar, Delhi.

(3.) The plaintiff's father on the basis of the Will executed by Babu Lal, inherited property No. 740, and the same was mutated and transferred in his name. There is no dispute about the same. It is pleaded that no Will or testamentary document was executed by Babu Lal in respect of the suit property, i.e. properties 737,738 and 739, Gali Arya Samaj, Gandhi Nagar, Delhi. These properties are with defendants being Legal Representatives of late Shri Babu Lal. The plaintiff is claiming share in these properties, as the co-owner. It is alleged that the defendants with mala-fide intention are depriving the plaintiff to the lawful benefits. The plaintiff has prayed for an injunction. The defendants have filed their writtenstatements denying the averments made in the plaint, inter alia pleading that initially Babu Lal had executed three different Wills, assigning different portions of the said property to his three sons, Through one Will, property No. 740 was given to plaintiff's father, which was taken by him, and remaining two portions of the property was given to the defendants, under two other Wills. However, later on Babu Lal executed one composite Will on 4.9.1992, assigning three different shares to his three sons, in accordance with his earlier three Wills. Ever since then the defendants are in possession of their respective shares of the properties. On the basis of above pleadings, on 8.9.2000, following issues were framed :