RAJAN Vs. POONAM KHULLAR

JUDGEMENT

(1.) FOR the reasons stated in the application, delay in re -filing is condoned.

(2.) EXEMPTION allowed subject to just exceptions.

(3.) THE subject suit was a suit filed by the respondent -plaintiff, sister of the appellant, for possession; partition etc of the suit property in terms of the Will of the mother Smt. Amrit Kaur which is dated 15.9.2004 and registered before the sub -Registrar. The Will has been proved on record through the attesting witness Sh. I.K.Nayyar, PW -3. The Will has been proved and exhibited as Ex.PW1/2. The property admittedly belonged to the mother who executed the Will (Ex.PW1/2). As per the Will specific areas of the ground floor and the first floor are given to the respondent -plaintiff and the appellant -defendant. The division is made in fact of the suit property by the Will almost by drawing a line right down through the middle of the plot which is of about 150 sq. yds.