RAJ KUMAR KHOSLA Vs. SWARAJ KHOSLA AND OTHERS

JUDGEMENT

(1.) Plaintiff Raj Kumar Khosla, having failed in both the courts below, has filed the instant second appeal.

(2.) Plaintiff and defendant no.5 are sons and defendants no.1, 6 and 7 are daughters of Hardyal Khosla. Defendants no.2 and 4 are sons and wife of another pre-deceased son of Hardyal Khosla. Case of the plaintiffappellant is that Hardyal Khosla was owner in possession of the suit properties bearing nos. 3780-3781 and accordingly, on his death, plaintiff inherited 1/6 th share in the suit properties. The plaintiff, therefore, claimed partition of the suit properties. The plaintiff also sought rendition of accounts regarding rent amounts of the suit properties received by defendants no.1 to 3.

(3.) Defendants no.1 and 7 pleaded that the plaintiff, after his marriage, started residing separately from his father and other family members. The plaintiff used to misbehave with his father, who therefore, disinherited the plaintiff. Hardyal Khosla executed Will dated 09.07.1976 bequeathing all his properties in favour of his wife Agya Wanti and accordingly, Agya Wanti became exclusive owner in possession of the suit properties on the death of Hardyal Khosla in the year 1979. Agya Wanti executed Will dated 18.04.1989 in favour of her unmarried daughter defendant no.1 regarding suit property no.3781 and movable properties. Agya Wanti also executed another Will dated 04.01.1998 bequeathing property no.3779-3780 in favour of defendants no.1 to 3. Defendant no.1 has been serving Agya Wanti as well as defendants no.2 and 3, who were then minors. Defendant no.4, who is mother of defendants no.2 and 3, had left the matrimonial home after the death of her husband. Defendants no.2 and 3 were brought up by defendant no.1. In order to look after defendants no.2 and 3, defendant no.1 remained unmarried. It was thus pleaded that defendant no.1 is exclusive owner of property no. 3781 and defendants no.1 to 3 are joint owners of properties nos. 3779-3780. Plaintiff and defendants no.4 to 7 have no right, title or interest in the suit properties.