VINAY KUMAR GUPTA Vs. SUDAMA PRASAD GUPTA

JUDGEMENT

(1.) Cm APPLs. 39261/2016 (Stay), 42134/2016, 26801/2017 in RFA 831/2016 and RFA ______/2018 (to be numbered)

(2.) The brief background of the suit is that the Plaintiff, Mr. Vinay Kumar Gupta claimed that his grandfather, Sh. Binodi Lal had purchased the suit property bearing no.11192 and 11212 situated at Mandir Marg, Dori Walan, Karol Bagh, New Delhi (hereinafter, "suit property"). The case of the Plaintiff is that the original owner of the suit property was Sh. Chajju Ram, S/o Lala Nathu Ram. Plaintiff further claims that during the lifetime of his grandfather i.e. Sh. Binodi Lal, a Will was executed by him on 17th June, 1932 bequeathing the property in favour of his elder son, Sh. Ghanshayam Dass, the father of the Plaintiff.

(3.) Sh. Binodi Lal died on 10th January, 1978 and Plaintiff's father became the sole and exclusive owner of the suit property. Thereafter the Plaintiff's father, it is pleaded, had executed a Will dated 21st September, 2000 bequeathing the property to the Plaintiff, Mr. Vinay Kumar Gupta, his brother Mr. Ajay Gupta and Mr. Vivek Gupta, nephew of the Plaintiff. All the three became co-owners of the suit property after the death of Sh. Ghanshayam Dass on 5th November, 2000. Thereafter, it is the case of the Plaintiff that one Sh. Krishan Kumar and his son Sh. Raj Kumar, who were tenants in the suit property and were paying the monthly rent to the Plaintiff, had vacated the suit property without intimation to the Plaintiff. Since the suit property was lying vacant, the Respondent/Defendant (hereinafter, "Defendant") trespassed/encroached upon the suit property. An FIR was also registered on 7th September, 2004 in respect of this trespass which is still pending.