SUDARSHAN KUMAR SHARMA Vs. RAJENDER KUMAR SHARMA

JUDGEMENT

(1.) In the present appeals, the original suit was filed by the parents of the parties seeking a decree of possession in respect of the portion consisting of two rooms on the second floor, and shop no. 1 on the ground floor of the property bearing No. IX/1653, Main Road, Dakshini Gandhi Nagar, Delhi- 110031 ("Suit Property"), occupied by one of the sons of the parents of the parties, i.e., respondent no.1 and his wife. The said suit was filed by the original plaintiffs on the basis of their ownership.

(2.) The suit property was owned by the mother of the parties, who died during the pendency of the suit. However, this fact was not brought forth before the learned Trial Court, on account of which, the suit was dismissed as abated.

(3.) Before this Court, the appellants have based their claims on the will dtd. 4/5/2011 executed by the mother of the parties, Late Smt. Kailash Wanti in favour of father of the parties, i.e., Sh. Sudarshan Kumar Sharma. During the course of the present appeal, father of the parties has also expired and appellants thus, also rely on the will dtd. 22/12/2017, executed by the father of the parties, i.e., Late Sh. Sudarshan Kumar Sharma. However, both the wills were not placed before the learned Trial Court.