LAWS(DLH)-2002-12-33

ANUP JINDAL Vs. JAGDISH CHANDER GUPTA

Decided On December 05, 2002
ANUP JINDAL Appellant
V/S
JAGDISH CHANDER GUPTA Respondents

JUDGEMENT

(1.) This application (LA. No. 12514/2000) has been preferred under Order 12 Rule 6 read with Section 151, CPC by the plaintiff, praying for passing of preliminary decree for partition of the suit property on the basis of alleged admissions made by the defendants in the pleadings, as well as "otherwise". The brief facts of the case to the extent required for the purpose of consideration and disposal of the present application, are that one Shri Ram Dhari, grandfather of the plaintiff, was the co-owner of the property No. A-25, Wazirpur Industrial Scheme, Ashok Vihar, Phase I, Delhi-52. This is admitted in the written statement by the defendant.

(2.) Further case of the plaintiff is that his grandfather, Shri Ram Dhari executed a registered "Will" dated llth May, 1984bequeathing the said grandfather's half- share in the property, in favour of the plaintiff. It is also the agreed position that Shri Ram Dhari died on 30.1.1988.

(3.) Whereas the plaintiff contends that upon the death of Shri Ram Dhari, the registered last "Will" and testament dated llth May, 1984, operated to convey the said grandfather's half portion, to the plaintiff, the defendant in the W.S. disputes the existence and validity of the "Will" itself.