LAWS(DLH)-2015-2-523

KARAN CHOPRA Vs. MEENAKSHI KHANNA

Decided On February 10, 2015
Karan Chopra Appellant
V/S
Meenakshi Khanna Respondents

JUDGEMENT

(1.) IA No.9527/2013

(2.) THE plaintiff has filed the accompanying suit seeking a decree of declaration for declaring that the plaintiffs are the rightful owners and entitled to 75% of the terrace rights over and above the second floor and equal rights in the land underneath property bearing Municipal No.D - 2A/7, Vasant Vihar, and New Delhi -110057. Other consequential reliefs are also prayed for.

(3.) IT is averred in the plaint that the plot No.7, Street No. D -2/A, Vasant Vihar, New Delhi measuring 400 sq. yds was allotted to the father and the mother of plaintiff No. 1 and defendant No.1 i.e. Sh.O.P.Chopra and Smt. Prem Chopra in 1971. Their parents built the ground floor, first floor and second floor, a garage on the ground floor and two servant quarters over and above the garage on the roof of the second floor. The parents were hence the owners of undivided 50% share. The mother executed a Will on 05.08.1990 whereby she bequeathed her 50% undivided share to plaintiff No.1 (son), plaintiff No.2 (daughter -in -law) and plaintiff No.3 (grandson) with a rider.