RAJENDRA Vs. GAUTAM

JUDGEMENT

(1.) Heard learned Counsel for the appellant and Sri Kuldeep Saxena for the respondent.

(2.) Plaintiff's case was that the original owner of the property was Mange Ram, who had four sons, namely Salek Chandra, Virendra, Naresh and Rajendra (the plaintiff). It was pleaded that Salek Chandra, in the life time of his father, had separated from the family. On the death of Mange Ram his widow Ram Kali and three sons, namely, Virendra, Naresh and Rajendra (the plaintiff) became joint owners of House No. 256. Whereas Virendra and Naresh died during the life time of Ram Kali. Defendant Nos. 1 and 2 are sons of Virendra whereas defendant Nos. 3 to 5 are sons of Naresh. It was claimed that Ram Kali, Rajendra (the plaintiff), the defendant Nos. 1 and 2 as well as defendant Nos. 3 to 5 became owners of the house in question. It was claimed that during the life time of Ram Kali there had been a partition amongst the aforesaid owners, consequently, each one of them came in separate physical possession of their respective portions. It was claimed that in order to avoid any dispute with regards to the partition, a registered Will dated 9.7.1993 was executed by Ram Kali (widow of Mange Ram mother of the plaintiff) whereby the partition as already in existence was duly codified and, as such, the suit property thus came to the share of the plaintiff-appellant and the defendant-respondents had no right to interfere with the possession of the plaintiff over the said property.

(3.) Defendants contested the suit claiming, inter alia, that Mange Ram, during his life time, had partitioned the property amongst his heirs and that the property in question had not come to the share of the plaintiff, whereas it was the defendants who were the owners thereof. The defendants challenged the execution of the Will by Smt. Ram Kali as also as her right to bequeath the property in question in favour of the plaintiff-appellant.