WANTI BAI Vs. BALDEV RAJ AHUJA & ORS

JUDGEMENT

(1.) The challenge by means of this petition under Article 227 of the Constitution of India is to the order dated 21.11.2013 by which the trial court has decided the preliminary issue in favour of the petitioner/defendant no.1, holding that the suit as framed is not maintainable and the trial court simultaneously by the impugned order has allowed the plaintiff/respondent no.1 to challenge the Will dated 7.2.1971 executed by Sh. Ram Chand Ahuja in favour of his widow Smt. Talian Bai so as to remove the objection with regard to maintainability of the suit.

(2.) The facts of the case as stated in the plaint are that respondent no.1/plaintiff claims that the suit property bearing no. 2/101, Geeta Colony, Delhi was owned by his father Sh. Ram Chand Ahuja, and after the death of Sh. Ram Chand Ahuja his children being the respondent no.1/plaintiff/son and the two daughters Smt. Wanti Devi/defendant no.1/petitioner herein and another daughter Smt. Sheela Devi were equally 1/3rd co-owners of the suit premises. Respondent no.1/plaintiff as per the plaint disputes that his mother Smt. Talian Bai had become the exclusive owner of the property in terms of the Will dated 7.2.1971 of Sh. Ram Chand Ahuja, but the respondent no.1/plaintiff in the plaint did not challenge the registered Will dated 7.2.1971 which was executed by Sh. Ram Chand Ahuja in favour of Smt. Talian Bai with respect to the suit property, although in the plaint the mutation done in favour of Smt.Talian Bai pursuant to the registered Will of Sh. Ram Chand Ahuja dated 7.2.1971 was challenged.

(3.) The petitioner/defendant no.1 in the written statement has disputed the case of the respondent no.1/plaintiff and has pleaded that Sh. Ram Chand Ahuja had executed the Will dated 7.2.1971 in favour of his widow Smt. Talian Bai and Smt. Talian Bai being the mother of the petitioner/defendant no.1, as also of the plaintiff, had executed a Will in her favour dated 31.12.1990 bequeathing the suit property in favour of the petitioner/defendant no.1 thereby making her the exclusive owner of the suit property.