VED PRAKASH Vs. OM PRAKASH DECEASED

JUDGEMENT

(1.) VIDE impugned judgment dated September 28, 2010, two suits registered as CS(OS) No.1710/2003 and CS(OS) 2261/2007 as also a Testamentary Petition registered as Test.Case No.15/2007 have been decided. CS(OS) 2261/2007 was originally filed in the District Court by late Sh.Harbhagwan Dass but was transferred to the Original side of this Court and renumbered as aforenoted. In the suit he had sought a decree for possession and damages against his son Ved Prakash i.e. the appellant, alleging that the appellant being his son was permitted to reside on the first floor of property bearing Municipal No.E-5, Lajpat Nagar-III, New Delhi owned by him and had refused to vacate the same in spite of a notice dated February 12, 2002 to vacate the first floor. CS(OS) No. 1710/2003 was filed by Ved Prakash, impleading his brothers Om Prakash, Varinder Kumar and Davinder Sakhuja as defendants, seeking partition of property bearing Municipal No.E-5, Lajpat Nagar-III, New Delhi, pleading that the father of the parties Shri Harbhagwan Dass died interstate on June 20, 2003 and that the mother of the parties had predeceased their father. Testamentary case No.15/2007 was filed by Davinder Sakhuja, pleading that during his life time, Harbhagwan Dass had executed a will dated April 24, 2003.

(2.) IT is apparent that the bone of contention between the parties is the will Ex.DW-1/1 stated to have been executed by late Sh.Harbhagwan Dass (hereinafter referred to as the ,,deceased ).

(3.) IN essence, as per the will Ex.DW-1/1 the deceased had bequeathed roughly 25% share in the property to each son.