(August 27, 2001) 2001 (TLS)125844

2002-DLT-95-302 :: 2002-AD (Del)-1-38

RAJINDER SINGH CHOWDHARY Vs. Sardar Manjit Singh Chowdhary

Vijender Jain

( 1 ) THIS suit has been filed by the plaintiff for partition of the properties on the ground that Sardar mohan Singh Chowdhary, father of the parties left a will dated 22/2/1978 by which he bequeathed all his movable as well ae immovable properties including house No. 9707/xvi, 2c/23, New Rohtak Road, New Delhi in favour of his wife smt. Ved Kaur absolutely with full powers of disposal in any manner she liked. The written statement was filed by defendant nos. 1 and 2 i. e. Sardar Manjit Singh Chowdhary and Dr. Mohinder Pratap Singh Chowdhary, inter alia, contending that the will of their deceased father only created a life estate and no absolute bequest was made in favour of Smt. Ved Kaur, mother of the parties.

( 2 ) ON the pleadings of the parties, on 28/8/1998 an issue was framed to the following effect : (i) Whether on the death of Shri Mohan singh Chowdhary, his widow Smt. Ved Kaur became an absolute owner of all the properties mentioned in Schedule-B to the plaint by virtue of the will dated 22/2/78 ? if so, to what ef