MANRAJ SINGH BINDRA Vs. P S KAHAI

JUDGEMENT

(1.) This order will dispose of the application of the plaintiff under Order 39 Rule 7 Civil Procedure Code for a direction to defendant No.2 not to pay rent of the ground floor of the property to defendant No.1 but to pay the same to the plaintiff.

(2.) The facts in short are that Smt.Inder Kahai and defendant No.1 were the joint owners of property No.13, Rajdoot Marg, New Delhi. Smt.Inder Kahai expired on 23rd March, 1990 at Delhi leaving behind defendant No.1 her only son and Mrs.Mohini Bindra - her daughter. The plaintiff has filed this suit for partition of the suit property on the allegations that the deceased Smt.Inder Kahai had during her lifetime executed a "Will" on 30th October, 1984 bequeathing her share in the property to him. The contention of the plaintiff, therefore, is that he having become owner of one-half of the property by virtue of the "Will" of the deceased Smt.Inder Kahai, he was entitled to get the property partitioned and to have separate possession of his share in the said property.

(3.) Written statement was filed by defendant No.1 denying the execution of the "Will" dated 30th October, 1984 by the deceased Smt.Inder Kahai. It is stated in the written statement that the "Will" propounded by the plaintiff was a forged document and had been forged and fabricated after the death of Smt.Inder Kahai. The said defendant, in fact, has set up another "Will" dated 22nd February, 1990 which he alleges to be the last "Will" and testament of the deceased Smt.Inder Kahai and claims that by the said "Will" the deceased had bequeathed her share in the property to him.