ATUL NATH Vs. AMAN NATH AND ORS.

JUDGEMENT

(1.) This is the first defendant's (hereafter "Atul Nath") appeal against an order dated 28.03.2014 restraining him through an ad interim temporary injunction from interfering with the plaintiff's (hereafter "Aman") possession of the ground floor of the suit property, i.e. A-51, Nizamuddin East. Both are children of the late Ashok Nath and late Sheela Ashok Nath.

(2.) The brief facts are that all parties except Myer are sons and daughters of the late Sheela Ashok Nath. Their father had executed a Will on 15.09.1998 bequeathing the suit property to his wife, the mother of the parties Sheela Ashok Nath. The probate of that Will was granted by this Court on 08.07.1995 and the property was mutated in the name of Sheela Ashok Nath. The appellant refers to a Will executed by Sheela Ashok Nath dated 23.10.1996 as well as a subsequent Will dated 29.05.2009, , bequeathing the property in favour of Ashok Nath Family Welfare Trust.

(3.) Aman claimed that the immediate provocation for the filing the suit was that he was in possession of the ground floor of the suit property. It was contended in the suit that ever since the contents of the late mother's Will were known to the parties, they were occupying the portions respectively assigned to them in the suit property. It was alleged that when the health of late Sheela Ashok Nath started deteriorating, since Aman, the plaintiff, was running between the hospital and the house, the present appellant, with ulterior motive and malafide intentions unauthorisedly started using the living room on the ground floor. Aman, the plaintiff urged that he occupied the ground floor as it was known that in the event of death of the mother, that portion of the suit property was to devolve upon him. It was averred in the suit that on 17.11.2013, the plaintiff and the second defendant, the other brother, as usual, took some clothes in the morning for their mother, who was at that time in the Intensive Care Unit (ICU) at the Mool Chand Hospital. Upon reaching there, the sons were informed that the mother was no more. They immediately notified Atul, the appellant and the other relatives about this sad news. The suit averred that upon the plaintiff and the second defendant reaching back home with their mother's body, to their utter shock, they found the living room on the ground floor locked. They alleged that the appellant had locked the property. The body was kept in the verandah as the appellant along with his two major sons and wife did not open the living room. Later, however, due to the intervention of the police, the appellant, it was alleged, opened the ground floor living room, where the body was kept. Apprehending that the appellant would again try to create a disturbance and obstruct the use of the property, the plaintiff approached this Court and filed a suit.