DESH RAJ Vs. VIDYA DEVI & ORS

JUDGEMENT

(1.) Shri Mohan Lal had purchased the property bearing no.16/493-H, Street No.15, Hardhyan Singh Road, Bapa Nagar, New Delhi in the year 1966. He left for his heavenly abode on 10th September, 1988. He died intestate. He had six legal heirs namely Smt. Vidya Devi, Shri Desh Raj, Smt. Kamla Devi, Smt. Bimla Devi, Smt. Nirmla Devi and Smt. Phool Wati. His other legal heirs including his widow and two sons, namely Shri Daya Kishan and Shri Bhaskar had passed away by the time of the filing of the suit.

(2.) A suit came to be filed being CS No.614375/2016 (old No.331/2015) was filed by one of the daughters namely Smt. Vidya Devi seeking her share in the suit property. This was the second suit in respect of the same property. An earlier suit bearing Suit No.285/2003 was filed by the Appellant/Defendant No.1 (hereinafter, 'Defendant') against two of his sisters, namely Smt. Nirmala and Smt. Kamla, seeking possession, damages, declaration and injunction, on the ground that as per an oral settlement between the family members he was the exclusive owner of the entire 50 sq. yds. of the suit property. This suit was dismissed on 1st July, 2005 wherein it was held that all the five sisters of the Defendant have 1/6th share in the suit property.

(3.) The allegations in the present suit were that out of the 50 sq. yds property, 25 sq. yds came to be sold away by the Defendant, in connivance with two sisters. The Defendant relied upon the General Power of Attorney and Special Power of Attorney in his favour executed on 9th November, 1998 which, however, was not accepted by the Trial court.