GUR PRASAD GUPTA Vs. RAM PRASAD

JUDGEMENT

(1.) The dispute in the present suit is amongst the family members regarding possession of the plaintiff in respect of ground floor of the property bearing No.3-B Banarasi Dass Estate, Timar Pur, Delhi-110054.

(2.) This property belongs to the late mother of the plaintiff and defendant No.1 Plaintiff and defendant No.1 are real brothers. Defendant No.2 is the wife of defendant No.1 and defendant No.3 is his son. Defendant No.4 is the father of the plaintiff and also of defendant No.1 Defendant No.4 is about 93 years old as on date.

(3.) Late Smt. Ram Chandri Devi was the mother of the plaintiff and also of defendant No.1. She died on 28.8.2002. Prior to her death she had executed a Will which was got duly registered on 17.4.1987 by which she bequeathed her aforementioned property by giving ground floor and mezzanine floor to the plaintiff and first and second floor to defendant No.1 and the moveables that she may leave on her demise to her husband (defendant No.4). The mother of the plaintiff and defendant No.1 is also alleged to have executed another Will which is later in point of time and was also got registered during her life time on 13.5.2002 by which she bequeathed her aforementioned property only in favour of her husband to the exclusion of her children. However, in her said latter Will she mentioned that in the event her husband would pre-decease her, in that event the ground floor and mezzanine floor would go to a trust named 'Rama Charitable Trust' and first and second floor would go to defendant No.1. Nothing was given in the latter Will of 13.5.2002 to the plaintiff.