SHARAD GUPTA Vs. SUDERSHAN GUPTA

JUDGEMENT

(1.) The present suit has been filed seeking a declaration that the plaintiff is the remainderman in respect of the suit property i.e., complete ground floor of plot no. 14, Sri Fort Road, New Delhi-110049 admeasuring 400 sq. yards along with garage and 50% of the Annexe servant quarter ('suit property'), for all purposes in terms of the registered Will dtd. 15/11/2011 thereby declaring that the plaintiff has an absolute interest in the suit property.

(2.) In addition, the plaintiff has also sought a declaration that defendant no. 2 has no right, title or interest in the suit property and defendant no. 1 shall be bound by the terms of the registered Will dtd. 15/11/2011. Lastly, the plaintiff has sought a perpetual injunction, thereby, restraining the defendants from selling, alienating or parting with the possession or creating third party interest in the suit property; and restraining the defendants in engaging any act or omission against the terms of the registered Will dtd. 15/11/2011, which is detrimental to the vested rights and interests of the plaintiff in the suit property.

(3.) As stated in the plaint, the registered Will dtd. 15/11/2011 was executed by late Mr. Ravinder Kumar Gupta ('Testator'), who unfortunately passed away on 6/5/2012. Plaintiff and defendant no. 2 are the children of the Testator, while defendant no. 1 is the widow of the Testator.