CHETAN THUKRAL Vs. ROOPI BAI

JUDGEMENT

(1.) The above mentioned two Regular Second Appeal are being disposed of by this common judgment as both are directed against the judgment and decree dated 9.11.2009 passed by learned Additional District Judge, Faridabad whereby, on an appeal filed by Chetan Thukral, judgment and decree dated 13.10.2007 passed by the Court of first instance in favour of the plaintiff, was modified to the extent that Smt. Roopi Bai, plaintiff was held entitled to 50% share of the suit property as owner and defendant Chetan Thukral was directed to put her in possession to the extent of 50% in the suit property.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case for the purpose of decision of these appeal are taken from RSA No. 2700 of 2010; that plaintiff Smt. Roopi had filed a suit for declaration and consequential relief of possession and permanent injunction on the ground that she is owner of the house in dispute. Will dated 14.5.1992 allegedly executed by Smt. Bholi Bai is illegal, null and void and not binding on the rights of the plaintiff and is liable to be set-aside. The plaintiff asserted to be owner of house bearing No. 3/375. Earlier, Hemraj son of Tirath Ram, father of the plaintiff was owner in possession of the house in dispute and the said house was bearing No. 195. Hemraj executed a Will dated 4.1.1977 in respect of the house in dispute and other immovable and moveable properties. Hemraj had bequeathed his properties in favour of his wife Smt. Bholi Bai for a limited period, i.e. Upto the time of Smt. Bholi Bai. After the death of Smt. Bholi Bai, all properties left behind by Smt. Bholi Bai were to be succeeded by the plaintiff being the sole legal heir. House in question was also to be inherited by the plaintiff after the death of Smt. Bholi Bai as Smt. Bholi Bai was limited owner upto her life time. Smt. Bholi Bai was not legally competent or authorized to alienate the house in question in any manner. Smt. Bholi Bai died on 3.2.1997. After her death, the plaintiff inherited the house in question being legal heir of Smt. Bholi Bai and on the basis of Will dated 4.1.977 executed by Hemraj in favour of Smt. Bholi Bai.