NARESH CHANDER CHAWLA Vs. MAHESH CHANDER CHAWLA

JUDGEMENT

(1.) SUIT filed by plaintiff i.e. Mahesh Chander Chawla, was decreed by the trial court vide judgment and decree dated 01.03.2011. Appeal preferred against the said decree failed and was dismissed on 07.02.2014. This is how, defendant No.1 is before this court, in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) IN a suit filed by the plaintiff, he prayed for a declaration that he was the exclusive owner of the eastern portion consisting of four rooms, kitchen, bathroom, stairs and courtyard of house No.114, Model Colony, Yamuna Nagar. And also owner of upper storey of shop No.42, New Market, Yamuna Nagar, pursuant to a will dated 23.05.1994, executed by Khan Chand son of Tikaya Ram. It was averred that Khan Chand, who happened to be the owner of the suit property, executed a will dated 23.05.1994, and bequeathed eastern portion of the house in question and upper storey of the shop in favour of the plaintiff and transferred western portion of house No.114 and ground floor of shop No.42 to defendant No.1. Khan Chand died on 11.04.1996, leaving behind plaintiff and defendants, as his natural heirs. Widow of Khan Chand i.e. Parvati Devi also died on 28.11.2000. Further, post death of Parvati Devi, defendant No.1 started asserting his right qua the property in possession of the plaintiff on the basis of a will, allegedly executed on 11.03.1996, by Khan Chand in favour of his wife Parvati Devi, and also a will dated 07.05.1998, purportedly executed by Parvati Devi in favour of defendant No.1 i.e. Naresh Chander Chawla. But Khan Chand never executed any will in favour of Parvati Devi. Thus, the will being propounded by defendant No.1 in his favour, dated 07.05.1998, was of no consequence. As defendant No.1 started asserting his exclusive right over specific portion of the suit properties, on the basis of the aforesaid two wills, thus, the suit.

(3.) IN defence, it was pleaded, inter alia, that double storey house No.114, situated at Model Colony, Yamuna Nagar, consisted of nine rooms, three kitchens, two verandahs, one store, two bathrooms and one bathroom latrine attached. And two latrines on first floor and staircase. Similarly, shop No.42 was double storeyed situated at New Market. Execution of the will dated 23.05.1994, by Khan Chand in favour of plaintiff and defendant No.1, was vehemently denied. It was maintained that relations between plaintiff and Khan Chand were not cordial and in fact, a complaint was made by Khan Chand and Parvati Chawla against plaintiff to SP, Yamuna Nagar. Therefore, there could not be any occasion for still executing a will in favour of the plaintiff. Further, pursuant to a will dated 11.03.1996, executed by Khan Singh, he bequeathed his entire moveable and immoveable property in favour of his wife Parvati Devi. And post death of Khan Singh, Parvati Chawla became the absolute owner of the estate of her husband. She during her lifetime executed a will dated 07.05.1998, regarding all her properties including the suit property, and pursuant to the said will, she bequeathed upper portion of shop No.42, in favour of the plaintiff along with the staircase and transferred ground floor of the said shop in favour of defendant No.1. As regards the house in question, she bequeathed the portion marked as ABCD, shown in red colour in the site plan, consisting of two rooms, one kitchen and some portion of the courtyard to plaintiff, being western portion of the house including roofs of the rooms and kitchen given to the plaintiff, and eastern portion was transferred to the defendant. And a staircase was to be jointly owned and used by the parties. Accordingly, ground floor of shop No.42, was alienated by the defendant to one Ajay Kumar, vide sale deed dated 28.06.2002.