MADHU KOHLI Vs. SURESH KHATTAR

JUDGEMENT

(1.) The plaintiff have filed a suit for partition, possession, recovery of damages for use and occupation, recovery of rent and permanent injunction in respect of property bearing no. B-3/17, Vasant Vihar, New Delhi. The property was owned by Mr.Hans Raj Khattar. Sh. Hans Raj Khattar was married to Smt. Kaushalya Rani Khattar and from the wedlock three children were born - two daughters and a son. The plaintiff no.1 and defendant no.2 are the daughters while defendant no.1 is the son. The plaintiff no.2 is the son of plaintiff no.1

(2.) Sh. Hans Raj Khattar passed away on 30.10.1990 and prior to his demise had executed a Will dated 16.06.1989. It may be noticed that there is no dispute about this Will, and in fact, probate in respect of this Will has already been granted by consent of all the legal heirs. Mrs Kaushalya Rani Khattar, his wife, passed away subsequently on 13.10.1998.

(3.) Sh. Hans Raj Khattar, as stated above, was the exclusive owner of the property bearing no. B-3/17, Vasant Vihar, New Delhi and in pursuance to the perpetual sub lease deed dated 20.05.1969 executed in his favour by the President of India with Government Servants Cooperative House Building Society Limited as its lessee.