RAMESH GUPTA Vs. RAKESH GUPTA

JUDGEMENT

(1.) I.A.14073/2014

(2.) As per the applicant, late Sh.Deena Nath, father of the parties, executed a registered Will dated 12.09.1984, a certified copy whereof has been filed and the same has been admitted by the defendant. It is pleaded that out of four immovable properties late Sh.Deena Nath bequeathed shop No.3559, Chawri Bazar, Delhi to the defendant. Similarly late Sh.Deena Nath bequeathed second property bearing No.2741, Gali Arya Samaj, Delhi to wife of defendant namely Ms.Anuradha. Half share of another property bearing No.R-20, South Extension (NDSE), Part-II, New Delhi was bequeathed by the father in favour of his eldest son; and another half portion of the said property belonged to mother of the parties. As far as present property bearing No.R-34, South Extension (NDSE), Part-II, New Delhi was concerned, this was exclusively bequeathed in favour of the plaintiff; and considering the value of the properties already bequeathed in favour of defendant, defendant was given nothing out of the House No.34, N.D.S.E.-II. The value of the shop No.3559, Chawri Bazar, Delhi given to defendant was always much higher than any of the other property. However, the defendant started demanding further share and created disharmony in the family and was regularly harassing and torturing his old and ailing father, which forced the father into executing the second Registered Will dated 18.3.1986, as per which the defendant was also given the front portion of the second floor / original barsati floor, consisting of drawing-cum-dining room (divided into two rooms), one bedroom with bath, one kitchen, front terrace and the store room in the stairs from the share of the plaintiff. Accordingly, pursuant to last registered Will dated 18.3.1986 (filed along with plaint) of late Sh.Deena Nath, after his death, the plaintiff became the owner of the entire property bearing No.R-34, South Extension (NDSE), Part-II, New Delhi, except the front portion of the second floor / original barsati floor, consisting of drawing-cum-dining room (divided into two rooms), one bedroom with bath, one kitchen, front terrace and the store room in the stairs, since the said portion was bequeathed to the defendant in the said Will.

(3.) It is also pleaded that to curtail the greed of defendant in the aforesaid registered Will it was further specifically stated by the testator late Sh.Deena Nath that the defendant will have no right or title to raise any construction on the second floor / back terrace thereof, which shall be absolutely in possession and ownership of plaintiff, who alone can raise construction thereon. It is the case of the plaintiff that the aforesaid registered Will was admitted and acted by all the beneficiaries including defendant, without any objection at any point of time. As such any construction by defendant at any place in the property bearing No.R-34, South Extension (NDSE), Part-II, New Delhi would be illegal and unauthorized and against the wishes of the testator.