2006 Supreme(Del) 984
A.K.SIKRI
Nisheet Bhalla – Appellant
Versus
Malini Raj Bhalla – Respondent
Advocates Appeared:
D. R. Bhatia, for Plaintiffs; Shiv Charan Garg, for Defendants.
ORDER :- In this suit filed by the plaintiffs, relied of partition and permanent injunction is claimed. Plaintiff Nos. 1 and 2 are sons of late Cdr. Manu Raj Bhalla and plaintiff No. 3 is his widow. Defendant Nos. 1 and 2 are the brothers of Cdr. Manu Raj Bhalla and defendant No. 3 is his sister. Thus, father of plaintiff Nos. 1 and 2 (husband of plaintiff No. 3) and the defendants were/are brothers and sister. They are all children of Shri Bal Raj Bhalla. Shri Bal Raj Bhalla was allotted a plot of land bearing No. 48, Block-G measuring 233.33 sq. yards in Naraina Industrial Residential Scheme, New Delhi (hereinafter referred to as 'the suit property') on perpetual lease. He constructed a 2A½ storeyed building on the said plot of land. During his lifetime, he executed a will dated 26-5-1990 whereby he bequeathed the suit property in favour of his wife Smt. Swadesh Kumari Bhalla. Shri Bal Raj Bhalla died on 6-6-1990 and on his death the suit property devolved upon Smt. Swadesh Kumari Bhalla and DDA mutated the property in her name. While Smt. Swadesh Kumari Bhall was still alive, her eldest son namely Cdr. Manus Raj Bhalla died on 2-1-1993 leaving behind the plaintiffs is his only l
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