DHRUV DAYAL GUPTA Vs. SATYAWATI DEVI AGGARWAL

JUDGEMENT

(1.) FAO No.42/2011 impugns the judgment/order dated 27th September, 2010 of the Court of the Additional District Judge (ADJ)-VI (Central), Delhi dismissing the objections preferred by the appellants Dhruv Dayal Gupta and Ishwar Dayal Gupta in Probate Case No.39/2006 and granting probate to the respondent Smt. Satyawati Devi Aggarwal of the Will dated 22nd December, 1995 of her mother late Smt. Jwala Devi. RFA No.146/2011 impugns the judgment and decree also dated 27th September, 2010 of the same ADJ holding that the appellant Sh. Dhruv Dayal Gupta had failed to prove that late Smt. Jwala Devi had executed a Will dated 27th October, 1997 and was hence not entitled to recover any rent from the respondents No.1 & 2 namely M/s HCL Infosolutions Ltd. and HCL Infosystems Ltd. of property No.M-41, Greater Kailash-II, Commercial Complex, New Delhi earlier owned by Smt. Jwala Devi and resultantly dismissing PC No.99/2006 filed by the appellant Sh. Dhruv Dayal Gupta.

(2.) Notice of both the appeals was issued and vide order dated 8th March, 2011 in RFA No.146/2011, the keys of the property No.M-41, Greater Kailash-II and the money, both lying deposited in the Trial Court were directed to remain in the Trial Court only. FAO No.42/2011 was admitted for hearing on 13th July, 2011 and the Trial Court records were requisitioned. Vide order dated 13th July, 2011 in RFA No.146/2011, the earlier interim order was confirmed. PC No.99/2006 from which RFA No.146/2011 arises was dismissed for the reason of the appellant therein having failed to examine either of the two attesting witnesses to the Will dated 27th October, 1997 of Smt. Jwala Devi. Vide consent order dated 14th November, 2011 in the said RFA No.146/2011, it was agreed that the appellant Sh. Dhruv Dayal Gupta be granted an opportunity to lead evidence in this Court of one or both attesting witnesses to the Will dated 27th October, 1997. The appellant Sh. Dhruv Dayal Gupta thereafter examined both the witnesses in this Court and who have been cross-examined by the counsel for Smt. Satyawati Devi Aggarwal, who is the respondent No.3 in the RFA. Smt. Satyawati Devi Aggarwal has not lead any evidence in opposition, though opportunity therefor also was granted. Since common evidence had been recorded before the trial Court in both the proceedings, RFA No.146/2011 and FAO No.42/2011 though earlier pending before different Benches of this Court as per Roster, were vide order dated 14th November, 2011 in FAO No.42/2011, directed to be listed before the same Bench. The senior counsel for the appellants Sh. Dhruv Dayal Gupta and Sh. Ishwar Dayal Gupta and the counsel for the respondent Smt. Satyawati Devi Aggarwal have been heard.

(3.) Smt. Satyawati Devi Aggarwal on or about 13th October, 1998 instituted the petition (from which FAO No.42/2011 arises) under Section 276 of the Indian Succession Act, 1925 seeking probate of the Will dated 22nd December, 1995 of Smt. Jwala Devi, pleading: