DEV RAM Vs. MOTI LAL

JUDGEMENT

(1.) The case set out in the plaint by the petitioner is that his father late Shri Manji Moolji was the owner of property bearing Municipal No.4294-96, Queens Road, Delhi-110006, who died in the year 1978 leaving behind the petitioner, his younger brother Shri Laiji Bhai and four daughters. Before his death, Shri Manji Mooiji had made a Will dated 22.1.1973 whereby the aforesaid was bequeathed solely in favour of the petitioner to the exclusion of all other legal heirs of Shri Manji Mooiji and as such the petitioner became the owner of the property on the basis of the Will. The respondent-defendant was given two rooms and a kitchen as a licensee by the deceased Shri Manji Mooiji and, therefore, after his death, the respondent- defendant became a licensee under the petitioner-plaintiff. The licence has since been revoked by the petitioner-plaintiff and, therefore, the petitioner is entitled to the possession of the premises and as such he has filed a suit for possession and permanent injunction restraining the respondent-defendant from sub-letting, assigning or otherwise parting with the possession of the whole or any part of the premises without obtaining the consent in writing of the petitioner-plaintiff.

(2.) One of the pleas taken by the respondent-defendant in the written statement is that the will dated 22.1.1973 is forged and fabricated document and in fact such a Will was never executed during the life-time of Shri Manji Moolji, the deceased father of the petitioner-plaintiff and Shri Manji Moolji was not competent to make such an alleged Will. Another plea taken in the written statement is that, the defendant has also become the owner by way of adverse possession.

(3.) Issues have been framed in the suit but no evidence has so far been adduced by the parties.