VED PRAKASH Vs. OM PRAKASH DECEASED THRU.

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.

(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.) As per the will Ex. DW-1/1, the deceased had bequeathed the house owned by him in the following manner:-