DR. MANGAL DASS KAPOOR Vs. SMT. KAMLA RANI

JUDGEMENT

(1.) THE plaintiff sues for a declaration that he is the sole and absolute owner in possession of the entire movable and immovable estate, of late Shri Mehar Chand; he premises the suit on a bequest, through a registered will, dated 7th April, 1992.

(2.) ACCORDING to the suit averments, the plaintiff is the son of the said late Mehar Chand (hereafter "the deceased"). The relationship of the parties is that the plaintiff is the only son, and the Defendants 2 to 5, daughters of the deceased. Smt. Kamla Rani, arrayed as the first defendant, had died; she is represented by her legal heirs, impleaded in the suit. She was also a daughter of the deceased.

(3.) IT is submitted that despite their knowledge about the will, and even the consent about its terms, the Defendants started casting aspersions, and expressing doubts about the plaintiff's rights to claim the entire subject matter of the bequest. It is claimed that the defendants stated claiming to be co -owners of the suit property, sometime in 2001. The plaintiff alleges that they, however, did not file any suit, or initiate any legal proceeding, to assert their rights. On these averments, the relief of declaration is sought.