REGISTRAR, UNIVERSITY OF DELHI Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present probate case has been filed on behalf of petitioner/Delhi University for grant of probate of Will dated 13th March, 1974 of the testator, Sh. Roshan Lal. The case of the petitioner is that late Sh. Roshan Lal was the absolute and exclusive owner of cottage No. 13, West Patel Nagar, New Delhi (hereinafter referred to as the "suit property") who died at Delhi on 2nd February, 1997. The said property was the self acquired property of late Sh. Roshan Lal.

(2.) DURING his life time, Sh. Roshan Lal approached the petitioner/University of Delhi and offered to give the said property to the University by way of Will. He offered that after his death till such time as his wife was alive, the University would be entitled to rent in respect of one shop in the said property and that his wife would be entitled to live in the said property during her lifetime and also to recover rent which may accrue in respect of other shops in the property.

(3.) AFTER death of Sh. Roshan Lal, Smt. Sita Devi, widow of Sh. Roshan Lal continued to deposit rent @ Rs. 60/ - per month in respect of shop No. 10. The last rent was sent by her on 27th February, 1979. She continued to enjoy the property as well as the rent of remaining shops in terms of the Will dated 13th March, 1974. However, the University did not receive any rent after 27th February, 1979.