BIMLA DEVI Vs. NEERA TANEJA

JUDGEMENT

(1.) Petitioner, Smt.Bimla Devi, was the plaintiff. Alleging illegal dispossession from the suit property she filed a suit under Section 6 of the Specific Relief Act praying for a decree for possession in her favour.

(2.) She claimed possession to the suit property alleging that during his life time, late Shri K.L.Narang had allowed her to reside with him in the suit property as she was his employee. That Shri K.L.Narang died on 9.2.2001. That he had bequeathed the suit property to her by and under a will dated 2.9.2000. That late Shri K.L.Narang was a widower and his children had abondoned him. That she used to work in the establishment of late Shri K.L.Narang at Karol Bagh for the last 20 years and additionally used to take care of Shri K.L.Narang. She stated that with the help of police, children and relatives of Shri K.L.Narang i.e. the defendants in the suit dispossessed her from the suit property on 14.6.2001.

(3.) Vide the impugned judgment and decree dated 7.9.2005, the suit has been dismissed holding that the issue of title predicated under the will could not form subject matter of an adjudication in a possessory suit filed under Section 6 of the Specific Relief Act. In respect of claim of the petitioner that she was in physical possession of the house, on analysing the evidence, learned Judge has opined that the petitioner had failed to establish that she was in physical possession of the house.