KAMAL JINDAL Vs. SUSHIL KUMAR AGGARWAL & ANR.

JUDGEMENT

(1.) C.M. No.2712/2018(exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.70/2018 and C.M. Nos.2713/2018(stay) & 3529/2018 (under Order XLI Rule 27 CPC)

(2.) This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 12.12.2017 by which the trial court has dismissed the suit filed by the appellant/plaintiff seeking declaration of appellant/plaintiff's ownership to the first floor of the property bearing no.1/4847 Gali No.11, Balbir Nagar Extension, Shahdara, Delhi-32 on the basis of the Will dated 16.7.1997 of Smt. Tara Devi, the owner. The appellant/plaintiff also seeks declaration that the Will dated 12.7.2002 executed by Smt. Tara Devi in favour of the respondent no.1/defendant no.1/Sh. Sushil Kumar Aggarwal is null and void.

(3.) (i) The facts of the case are that the appellant/plaintiff pleaded that he was the grandson of Smt. Tara Devi and who had executed her registered Will dated 16.7.1997 bequeathing the suit property in favour of the appellant/plaintiff. Smt. Tara Devi expired on 21.9.2002. The appellant/plaintiff pleaded to be in possession of the suit property till 21.5.2004 when he pleads that he was dispossessed by the respondent no.1/defendant no.1.