CAP. VIJAY KUMAR TREHAN Vs. SUSHIL KUMAR TREHAN

JUDGEMENT

(1.) THIS is an appeal against an order of the learned Single Judge in CS(OS) No.901/2010, concerning the parties' shares and related rights to a property bearing number B -2, Defence Colony, New Delhi (hereafter "the suit property").

(2.) THE facts leading to this dispute are as follows: the appellant was the plaintiff in the suit.The first two defendants were his brothers, and the third and fourth defendants, his sisters. It is undisputed that the suit property was owned by Dr. Capt. Bhagat Ram Trehan, the father of the parties, who bequeathed the property to the three sons (the plaintiff/Capt. VK Trehan, the first and second defendants). The case of the plaintiff was that under the terms of the registered will, which was undoubtedly admitted between the parties,

(3.) THE Municipal Corporation of Delhi (MCD), the fifth defendant, in its written statement stated that upon inspection of the property on 10.07.2010 certain existing deviations were found but they were compoundable in terms of existing norms. It was also averred that the owner of the second floor had applied for regularization of the existing constructions which were compoundable.