SH JAGJIT SINGH Vs. AMRIK SINGH & OTHERS

JUDGEMENT

(1.) This Regular First Appeal is preferred by the appellant against the judgment and decree dated 08.08.2013 passed by the learned Additional District Judge-02/West District, Tis Hazari Courts, Delhi/ (hereinafter as the learned 'Trial Court') in Civil Suit No.467/11/1984 whereby the suit filed by appellant for declaration, partition, rendition of accounts was dismissed.

(2.) The dispute pertain to the property bearing No.2382-83, Gali No.12, Beadonpura, Karol Bagh, Delhi (hereinafter referred as the 'suit property') admeasuring 222 square yards with built up upto 2 1/2 floors on plot bearing Khasra No.378, Block N, Naiwala Estate, Karol Bagh, Delhi. It is alleged initially the suit property belonged to late Smt.Durga Devi, mother of the original plaintiff and defendants. As per the plaint, Smt.Durga Devi died on 05.02.1981 leaving behind Sardar Naurang Singh; her husband; the plaintiff, the defendants No.1 & 2, her sons and the defendants No.3 to 6 viz her daughters.

(3.) It is alleged Smt.Durga Devi executed a Will dated 26.11.1959 duly registered in the office of Sub Registrar, Delhi on 23.12.1959 and per Will, she created life interest in favour of her husband Sardar Naurang Singh and bequeathed the suit property in favour of her three sons viz the plaintiff and the defendants No.1 & 2.