ATTAR CHAND Vs. PAWAN KUMAR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Attar Chand and Gulshan Lal, sons of Prem Chand, both residents of House No. 5C/41, NIT Faridabad, had brought a suit against Pawan Kumar and Vinay Kumar, both sons of Late Sh. Bansi Lal, residents of Faridabad, seeking a declaration to the effect that Will dated 7.1.2004 allegedly executed by Late Smt. Saran Kaur in favour of the defendants is null and void and not binding upon the rights of the plaintiffs, besides that craving for grant of decree of permanent injunction restraining the defendants from dispossessing the plaintiffs from the suit property illegally, forcibly and unlawfully and further restraining them from alienating any part of the suit property.

(2.) As per version of the plaintiffs, they are co-owners in joint possession of front portion measuring 86 sq. yards bearing Municipal No. 5C/41, NIT Faridabad, in as much as, they alongwith their deceased mother Smt. Saran Kaur and deceased brother Sh. Bansi Lal had purchased the entire house No. 5C/41, NIT Faridabad measuring 231 Sq. yards from the Ministry of Rehabilitation vide conveyance deed dated 4.5.1981. Subsequently, rear portion of the said house measuring 145 sq. yards was sold and Late Smt. Saran Kaur and Late Sh. Bansi Lal received the amount of their respective share out of the sale consideration and handed over the absolute and exclusive possession of the remaining portion measuring 86 Sq. yards, which is front portion of the house, in favour of and into the hands of the plaintiffs and made their separate abode in House no. D/1319 A.C. Nagar, Neelam -Bata Road, NIT Faridabad about 20 years back. In that way, late Smt. Saran Kaur and late Sh. Bansi Lal were not left with any right, title or interest in the suit property and both the plaintiffs are in actual possession of the same as true owners without any interference from any corner and without any hindrance; that plaintiff No.2 is living a bachelor's life and is residing with the plaintiff No.1 in the suit property. However, the defendants have got a factitious Will on 7.1.2004 from late Smt. Saran Kaur, vide which she had allegedly bequeathed her share in the suit property in favour of the defendants in equal share; that Smt. Saran Kaur had expired on 1.7.2004; that she had not executed any Will in favour of the defendants, rather she was not in proper state of mind being aged 75 years. Therefore said Will is null and void, liable to be ignored and set aside being not binding upon rights of the plaintiffs.

(3.) On notice, the defendants appeared and filed their written statement raising various legal objections, on merits submitting that total area of 5-C/41, NIT Faridabad was 233 sq. yards, out of which the plaintiffs sold the rear portion, measuring 145 sq. yards, as their share out of the said house. They had not given even a single penny to Smt. Saran Kaur or the defendant or to anybody else and against the share of Smt. Saran Kaur, they have front portion of the house measuring 86 sq. yards; that after sale of the property, the plaintiffs took the house on rent on various places and lastly,they requested their mother and brother Sh. Bansi Lal that they were unable to pay rent, hence they should be given shelter; that out of mercy Smt. Saran Kaur allowed plaintiffs to stay in the house in question; that in the meanwhile Sh. Bansi Lal died; that the plaintiffs became greedy and since the defendants were minor and Smt. Saran Kaur was an old lady and widow of Sh. Bansi Lal was helpless, the plaintiffs took the advantage of these facts and threw out out the defendants and their mother from the house in question and took possession of the house in the year 2001; that both the defendants were taking care and looked after Smt. Saran Kaur, as such she was happy with their services; that she executed a Will on 7.1.2004; that Smt. Saran Kaur had been residing in house No. 5-C/41 till her death. On merits, refuting the remaining allegations, the defendants prayed for dismissal of the suit.