MAYA DEVI Vs. VASDEV GUPTA

JUDGEMENT

(1.) BY the present suit, the plaintiffs seek a decree for declaration in their favour and against the defendants declaring that the defendants have no right, title or interest of any nature whatsoever in property No. C-37, Rajouri garden, New Delhi and a decree for permanent injunction restraining the defendants from, in any manner, transferring, alienating or parting with the possession of the suit property.

(2.) SHORN of all detail, the relevant facts are as follows. The plaintiff no. 1 (since deceased) was the wife while the plaintiff No. 2 is the daughter of late Sardar Bakshish Singh. Late Sardar Bakshish Singh was the lawful, exclusive and absolute owner of the suit property, i. e. , property No. C-37, rajouri Garden, New Delhi. He died on 29th December, 1986. His wife Smt. Maya devi (plaintiff No. 1) also died on 25th September, 1998. Late Sardar Bakshish singh, during his life time, executed a registered will dated 27th March, 1985 in favour of the plaintiff No. 2, who is his youngest daughter.

(3.) THE defendant No. 1 was the tenant in the property bearing No. C-37, rajouri Garden, New Delhi. By order dated 12. 11. 1987, the name of the defendant no. 1 was deleted from the array of parties since possession of the suit property was, after a long drawn out legal battle, delivered by the defendant No. 1 to the plaintiff Maya Devi. The defendant No. 2 Smt. Krishna Kalia is the daughter of the plaintiff No. 1 and the sister of the plaintiff No. 2. The defendant No. 3 shri Ashish Virmani is the grand-son of the plaintiff No. 1 and the nephew of the plaintiff No. 2, being the son of Smt. Surinder Virmani. The defendant No. 4 Smt. Surinder Virmani is the daughter of the plaintiff No. 1 and the sister of the plaintiff No. 2. The defendant No. 5 (since deceased) was the son-in-law of the plaintiff No. 1 and the brother-in-law of the plaintiff No. 2 and the defendant no. 6 (also deceased) was the grand-son of the plaintiff No. 1 and the nephew of the plaintiff No. 2, being the son of the defendants No. 2 and 5.