JAGDISH CHANDER MEHTA Vs. BIMLA MEHTA

JUDGEMENT

(1.) This application was filed by the plaintiff under Order 39 Rules 1 & 2 and Order 26 Rule 9 and Section 151 of the Code of Civil Procedure (hereinafter referred to as the Code) and it was, inter alia, prayed in this application that a temporary injunction may be issued restraining defendant No.7,Prakash Chander Mehta from disturbing the possession of the plaintiff and his son in a two room residential unit on the ground floor of property No. 52/48, Ramjas Road, Karol Bagh, New Delhi and from inducting any new tenant in any portion of the said property till the pendency of the suit and further the said defendant be directed to maintain the status quo.

(2.) The application came up for hearing on 2nd September, 1992 and notice was issued to the defendants for 22nd January, 1993. Plaintiff was granted an ex-parte injunction and it was directed that "status quo as of today with regard to possession of plaintiff shall be maintained till the next date". A reply to this application has been filed on behalf of defendants No. 6 and 7, namely. Dr. Raj Roopak Mehta and Prakash Chander Mehta and in this reply the averments and allegations made in this application have been controverted.

(3.) As per averments made in the plaint, the plaintiff is the real brother of defendant Nos. 6 to 10 and defendants I to 5 are the legal heirs of late Shri Kailash Chandar Mehta, who was also one of the brothers of the plaintiff. It is alleged in the plaint that on 1st April, 1991 Smt. Pushpawanti Mehta, the mother of the plaintiff and defendants 6 to 10, had executed a Will bequeathing property No.52/48, Ramjas Road, Karol Bagh, New Delhi in specific portions to her four sons, namely, Jagdish Chander Mehta (Plaintiff), late Shri Kailash Chander Mehta, Dr. Raj Roopak Mehta (defendant No. 6) and Prakash Chander Mehta (defendant No. 7) and her daughter Ms. Sanyokta Mehta (defendant No. 8). The plaintiff has filed the above suit for partition of the aforesaid property.