SURINDER KUMAR Vs. SHEELA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 25.3.2006 by which the suit of the respondents/plaintiffs for possession of the suit property being 1/3 rd share of 2838-39, Gali Ashok, Mori Gate, Delhi was decreed against the original appellant/defendant. Mesne profits have also been granted against the original appellant/defendant. I may note that the original appellant/defendant has since expired and is now represented by his legal heirs.

(2.) THE facts of the case are that the suit property belonged to the father-Sh. Daryai Lal and which fact is not disputed. The case of the respondents/plaintiffs was that the father had executed a registered Will in favour of their predecessor-in-interest, Sh. Khairati Lal and who was the son of Sh. Daryai Lal, the other son being the original appellant/defendant. It was pleaded that on account of this registered Will dated 31.5.1988 (Ex.PW1/5), Sh. Khairati Lal became the owner of the suit property. Since Sh. Khairati Lal died intestate, it was pleaded that the respondents/plaintiffs, who are his widow and children, have thus inherited the suit property. The respondents/plaintiffs also pleaded that the appellant/defendant had earlier filed a suit with respect to the suit property and which suit was not pursued and hence was dismissed in default.

(3.) AFTER completion of pleadings, the trial Court framed the following issues:-