DEVI DAYAL SHARMA Vs. SHAM SUNDER AVASTHI

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the judgment and decree of the Lower Appellate Court, whereby, suit of the appellant-plaintiff decreed by the trial Court, has been dismissed.

(2.) The plaintiff sought the mandatory injunction directing the defendants to vacant the premises i.e. residential and commercial, rendition of accounts regarding collection of the rent from various tenants and restraining the defendants from alienating the suit property. It was stated that he was son of late Shiv Parsad Sharma son of Durga Dass. Mangat Ram son of Durga Dass was his brother. He died issueless leaving behind his wife Krishna Wanti Sharma also known as Krishna Sharma. Krishna Sharma expired on 8/12/2003. Mangat Ram, husband of Krishna Sharma expired on 2/9/1979. During his life time, he had purchased a house bearing no.245, Adarsh Nagar, Jalandhar City from Improvement Trust and also one commercial property i.e. EL-270, Attari Bazar, Jalandhar which was rented out to various tenants. Since they did not have any issue, the plaintiff had been serving them and they shifted to Canada. Owing to their absence, defendants propounded the Will and got the property in their name. Even the certain tenants and licensees were also inducted.

(3.) Defendants no.1 and 2 opposed the suit and denied the plaintiff to be owner in possession of the suit property and stated that they have become the owners by virtue of registered Will dtd. 27/3/2002.