SATYAWATI BHALLA Vs. ARUNA PRABHA KHANNA

JUDGEMENT

(1.) In the suit challenging the Will dated 6th May, 1982 by Ms. Bimla Devi on the ground of coercion, undue influence and fraud and on that basis, the relief of declaration that the Will dated 6th May, 1982 is void, inoperative and not binding on the plaintiffs and for a further declaration that the plaintiffs are the owners of the entire assets, movable and immovable, of the deceased Ms. Bimla Devi and consequential relief of injunction, seeking to restrain the defendants from acting on the basis of the Will dated 6th May, 1982, besides other prayers, the plaintiffs, by this application seek to restrain the defendants in identical terms and also from realising the rents or income from the American Embassy, alienating, encumbering and or otherwise dealingwith the movable and immovable properties of deceased Ms. Bimla Devi situated at 3/23, Shanti Niketan, New Delhi and also the moveable properties including the FDRs, bank accounts pending the hearing and disposal of the suit.

(2.) The say of the plaintiffs is that plaintiff No. I, Smt. Shanti Devi and Ms. Bimla Devi are the daughters and plaintiff No. 2 is the son of one Shri Baisakhi Ram; that Ms. Bimla Devi was in Government service in Delhi as an assistant; that the marriage of Smt. Shanti Devi with her husband Shri G. Singh was dissolved due to incompatibility; that thereafter Smt. Shanti Devi and Ms. Bimla Devi came to Delhi and resided with plaintiff No. 2 at Delhi; that defendant No. 1 is the daughter of plaintiff No. I whereas defendant No. 2 is the husband of defendant No. 1; that in or around 'the year 1965, Ms. Bimla Devi and Smt. Shanti Devi jointly purchased leasehold rights in property admeasuring approximately 625 square yards bearing Municipal No. 3/23, Shanti Niketan, New Delhi (suit plot) and with the financial assistance by the plaintiffs to the tune of Rs. 25,000.00, Smt. Shanti Devi constructed a double storey house on the said plot in 1974; that Smt. Shanti Devi died on 26th April, 1982 and on her death plaintiff No. 1, plaintiff No. 2 and Ms. Bimla Devi became entitled to succeed to the estate of Smt. Shanti Devi in equal shares. That defendants I and 2 because of the death of Smt. Shanti Devi resided with Ms. Bimla Devi to condole the death of Smt. Shanti Devi; that during this time taking the advtage of emotional and psychological grief and stress of Ms. Bimla Devi the defendants schemed to coerce and unduly influence Ms. Bimla Devi to execute the Will bequeathing the property to defendant No. I under a threat to reveal to the Income-Tax Authorities, some alleged concealment of income by her and consequent prosecution. That she was also told that out of the funds by sale of Delhi property two flats would be purchased at Bombay, one to be purchased in her name whereas the other flat would bepurchased in the narne of defendant No. I and that she should stay at Bombay and Ms. Bimla Dev was influenced to part with substantial sum of Rs. 5,00,000.00 to purchase two flats at Bombay and a? a result of coercion and unduly influence exercised by defendants I and 2 Ms. Bimla Devi executed the Will dated 6th May, 1982 in favour of defendant No. I and that the name of defendant No. I was included in the FDRs, bank lockers and bank account in the revised lease-deed etc.

(3.) it is not in dispute that in the year 1965 plot No. 3/23, Shanti Niketan, New Delhi was jointly purchased by Smt. Shanti Devi and Ms. Bimla Devi and the double storey house was constructed thereon in the year ' 974, according to the plaintiffs with the financial assistance to the tune of Rs. 25,000.00 - by plaintiffs I and 2. That Smt. Shanti Devi died on 18th April, 1982. Ms. Bimla Devi retired from Government service in 1983. That Smt. Shanti Devi and Ms. Bimla Devi were staying together after the divorce of Smt. Shanti Devi from her husband.