SHAKUNTLA Vs. RAJINDER SINGH DESWAL

JUDGEMENT

(1.) By way of the present Appeal filed under Sec. 96 of the Code of Civil Procedure, 1908 read with Sec. 10 of the Delhi High Court Act, 1966, the Appellants [Plaintiffs before the learned Single Judge] are assailing the judgment and decree dtd. 26/9/2022 passed by the learned Single Judge in CS(O.S.) No. 2664/2014 titled as Shakuntla & Anr v. Rajinder Singh Deswal, Hereinafter referred to as "the Civil Suit". The sole issue for consideration before this Court is with respect to the interpretation of the various clauses of the registered Will executed on 24/2/1993 by late Mr. Mam Chand Deswal [Hereinafter referred to as "Testator"]. The execution of the registered Will by the Testator is not in dispute, which reads as under:

(2.) In order to examine the issues involved in the present case, it is imperative to cull out the relevant facts in brief, which are set forth hereinafter.

(3.) On 20/8/1973, the Testator vide a perpetual sub-lease deed acquired the property bearing No. 8, Northwest Avenue Road, Punjabi Bagh Extension, New Delhi-110026, admeasuring 300 sq. yds. [Hereinafter referred to as "the suit property"] Pursuant to the acquisition, a house was constructed on the suit property by the Testator using his own funds. Thereafter, vide a registered Will dtd. 24/2/1993, the Testator bequeathed the suit property in favour of his wife, Mrs. Nanki Devi. The Testator passed away on 18/10/1993, leaving behind his widow, Mrs. Nanki Devi, and their children namely Mrs. Shakuntla [Plaintiff No. 1 before the learned Single Judge] , Mrs. Krishna Prakash [Plaintiff No. 2 before the learned Single Judge] , and Mr. Rajinder Singh Deswal [Defendant before the learned Single Judge].