KANWAL KRISHAN Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) DISPUTE in this case relates to the rights over the terrace of property No. B - 1/13, Hauz Khas, New Delhi. The appellant, who was the plaintiff in the court below, is the resident of ground and second floor of the said property (hereinafter referred to as the 'suit property'). The respondents herein (both of whom were the defendants in the suit) are the owners of first floor of the property. Shri Tara Chand Gupta was the absolute owner of the entire suit property. During his lifetime, he had executed Will dated 4.8.1984 whereby he bequeathed the suit property to his three sons, namely, Shri Lalit Chand Gupta, Shri Raj Kumar Gupta (respondent No. 1 herein) and Shri Kanwal Krishan (appellant). The particular shares in the said property delineated by virtue of the Will in favor of the three sons were as under:

(2.) ATTACHED Kitchen

(3.) ATTACHED inside covered verandah measuring 10' ft X 5' ft. (after bifurcation) and 5 ft. front thereof