DEWAN CHAND BATRA Vs. HARISH TANDON

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 23.2.2010 decreeing the suit for possession and mesne profits filed by the respondent/plaintiff qua the half portion (front) of property being D-3, Green Park Extension, New Delhi (hereinafter referred as 'suit property').

(2.) THE admitted facts of the case are that the suit property was owned by Sh. Rang Behari Lal Tandon. Sh. Rang Behari Lal Tandon had a real brother namely Sh. Ratan Chand Tandon. Sh. Ratan Chand Tandon had two sons namely Sh. Vijay Kumar Tandon/defendant no.1 and Sh. Harish Chand Tandon/respondent/plaintiff. Respondent/plaintiff-Sh.Harish Chand Tandon was given in adoption by his natural father-Sh. Ratan Chand Tandon to his brother-Sh. Rang Behari Lal Tandon. The wife of Sh.Ratan Chand Tandon is Smt. Kashmiri Devi Tandon and the wife of Sh. Rang Behari Lal Tandon is Smt. Kamla Devi Tandon. There is no dispute before me that Sh. Rang Behari Lal Tandon was the owner of the suit property and Sh. Harish Chand Tandon was adopted by Sh. Rang Behari Lal Tandon and Smt. Kamla Devi Tandon.

(3.) THE only issue which is argued before this Court is as to whether Smt. Kashmiri Devi Tandon, wife of Sh. Ratan Chand Tandon and the mother of Sh. Vijay Kumar Tandon/defendant no.1, was the owner of the suit property i.e. half of the property no. D-3, Green Park Extension, New Delhi pursuant to the Will dated 23.1.1979 of Sh. Rang Behari Lal Tandon or in terms of a subsequent document dated 3.11.1980 executed by the executor to the Will dated 23.1.1979 and said to have been signed by the respondent no.1/plaintiff-Sh.Harish Chand Tandon as also his adoptive mother-Smt. Kamla Devi Tandon, allegedly giving the suit property to Smt. Kashmiri Devi Tandon.