RAJEEV KSHETRAPAL Vs. VINAY KSHETRAPAL

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction.

(2.) AS per the plaint, plaintiff and defendant are the real brothers. Defendant is the elder brother of the plaintiff. Further, as per the plaint, father of the parties, late Sh.A.N. Kshetrapal, was the owner of a residential property bearing no.8A, Poorvi Marg, Vasant Vihar, New Delhi, comprising of ground floor and one bed room at the first floor. It was his self acquired property. The father of the parties died leaving behind a Will dated 9.6.1988 by which he bequeathed his entire estate to his wife, the mother of the parties. As the parties to the suit and the sister did not object, the property was mutated in the name of the mother of the parties, for which the parties.

(3.) IT is also the case of the plaintiff that the parties had accepted the Will of the mother but the defendant has been acting in a very hostile manner and has been threatening to sell part of the property and has also been threatening to interfere in the peaceful possession of the plaintiff in the ground floor and first floor of the suit property.