RANVIR DEWAN Vs. RASHMI KHANNA

JUDGEMENT

(1.) The plaintiffs have filed the present suit for declaration, mandatory and permanent injunction. Plaintiff No. 1 is the son of plaintiff No. 2. Defendant No. 1 is the daughter of plaintiff No. 2 and the sister of plaintiff No. 1. Defendant No. 2 is the husband of defendant No. 1. Defendant No. 3 is a tenant stated to have been illegally inducted on the second and third floor of the suit property by defendant No. 1.

(2.) The property which is the subject matter of the present proceedings is property bearing No. D-246, Defence Colony, New Delhi. As per the plaintiffs, the suit property was the self acquired property of late Col. (Retd). B. R.Dewan who was the father of plaintiff No. 1 and defendant No. 1 and husband of plaintiff No. 2. Late Col. (Retd). B. R.Dewan is stated to have executed various Wills on different dates. His last Testamentary Will is dated 24.06.1984. He died on 16.09.1984. A probate case No. 16/1986 was filed before this Court by plaintiff No. 2, his wife. On 12.10.1987, this Court granted probate of the said Will dated 24.06.1984.

(3.) As per the Will dated 24.06.1984, the ground floor was willed to plaintiff No. 1 while the first floor was willed to defendant No. 1. Certain rights , however, were given to plaintiff No. 2. She was entitled to live and reside in the suit property free of rent and also enjoy the income from the tenants. She was entitled to dispose the tenants and/or take new tenant of her own will in the capacity of being the owner till her demise. It was further directed that in case, plaintiff No. 1 and defendant No. 1 sell their portions of the suit property, they would pay 1/5th of the sale consideration to Sh. Ashok Dewan, the son of the first wife of late Col. (Retd).B. R.Dewan. It was further directed that in case they want to construct a second storey in the defence colony property, then they would contribute equally and share the property equally unless they mutually desire otherwise.