KAVITA SHARMA Vs. STATE

JUDGEMENT

(1.) This order will dispose of the application under Sections 213 and 216 of the Indian Succession Act filed by the objector seeking stay of the eviction petition filed by the. petitioner against the husband of the objector for his eviction from a portion of the property bearing No.58, Navjivan Vihar, Mehrauli Road, New Delhi.

(2.) The facts in short are that one Mr.Navratan Sharma was the owner of the plotbearing No.58, Navjivan Vihar, Mehrauli Road, New Delhi. He died on 6th June. 1987. After his death, both his daughters namely the petitioner as well as the objector executed relinquishment deeds and the plot as such was mutated in the name of their mother Smt.Saraswati Devi. A house was constructed on the said plot of land. Front portion of the house was occupied by the objector and her husband while the rear portion was occupied by the petitioner and her mother. It is the case of the objector that her mother was suffering from various diseases and hence her husband, with a view to maintain her, had been paying a monthly allowance of Rs.950.00 p.m. to her though the said amount was designated as rent. Smt.Saraswati Devi, mother of the parties, died on 29th November, 1989. The petitioner has alleged that Smt.Saraswati Devi before her death had executed a "Will"dated 22nd May, 1989 and she became entitled to the entire property by virtue of the said "Will".

(3.) The present probate proceedings have been filed by the petitioner on the basis of the said "Will" dated 22nd May, 1989 purported to have been executed by Smt.Saraswati Devi.