SOM DUTT Vs. SHARMA DEVI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 19.5.2009 dismissing the suit for declaration and permanent injunction filed by the appellant/plaintiff seeking relief against respondent No.2/defendant No.2 who is the widow of his younger brother.

(2.) THE facts as stated in the plaint are that the appellant claimed that the suit property being WZ-75, Village Keshopur, Delhi was owned by his father-Sh. Mool Chand, who died on 25.11.1984. Shri Mool Chand was survived by his two sons, namely; appellant/plaintiff and late husband of defendant No2/respondent No.2; five daughters and a widow. Shri Mool Chand is stated to have executed a Will dated 29.10.1983 in favour of the appellant/plaintiff and husband of defendant No.2/respondent No.2 bequeathing the suit property to them. It is then pleaded in the plaint that the suit property has thus been wrongly sold by two registered sale deeds dated 28.4.1992 by respondent No.1/sister of the plaintiff and the late husband of defendant No.2/respondent No.2 to the defendant No.2/respondent No.2.

(3.) AFTER the pleadings were complete, the trial Court framed the following issues:-