VIJAY GUPTA Vs. RAJINDER GUPTA & ANR

JUDGEMENT

(1.) The present suit for permanent and mandatory injunction has been instituted by the plaintiff against his two brothers. The plaintiff and the defendants No.1 and 2 are the children of Shri R.S. Gupta and Smt. Kailash Wati. Apart from the plaintiff and the defendants No.1 and 2 (three sons), Shri R.S. Gupta and Smt. Kailash Wati had seven daughters. Shri R.S. Gupta had expired on 26.04.2003 and Smt.Kailash Wati had expired on 18.11.2001. Smt. Kailash Wati, mother of the parties was the owner of the suit premises bearing No.28, Block No.24 (No.24/28), Shakti Nagar, Delhi.

(2.) It is the case of the plaintiff that the mother had executed a registered will dated 16.09.2000, in respect of her immovable properties including the suit premises, wherreunder she had divided the suit premises in a particular manner. Learned counsel for the plaintiff states that the manner in which the suit premises had been partitioned by the mother is reflected in the site plan filed by him at page 45 of the list of documents. He states that as per the will dated 16.09.2000 executed by the mother, the suit premises has already been mutated in the municipal records in favour of the plaintiff and the defendants No.1 and 2.

(3.) The cause of action for instituting the present suit in the year 2014, is based on an allegation that the defendant No.1 was trying to sell the entire suit premises and he had threatened the plaintiff that he would dispossess him. Summons were issued in the suit on 18.07.2014, on which date the defendant No.1 was restrained from creating any third party rights in respect of the portion marked in 'green' on the second floor of the suit premises as shown in the site plan filed with the plaint. Thereafter, appearance was entered by the defendants No.1 and 2. Written statements have been filed by both the defendants.