Valmiki J. Mehta, J. (Oral):--

1. This regular second appeal has been filed impugning the judgment of the first appellate court dated 14.7.2011 whereby the first appellate court allowed the appeal and set aside the judgment and decree dated 29.11.2005 passed by the trial court decreeing the suit for declaration and injunction (Suit No. 216/1976) filed by the appellant/plaintiff. Disputes pertain to rights in residential house bearing No. 198/29, Sri Ram Nagar, Shahdara, Delhi. When the suit was filed disputes were between the appellant/plaintiff and his father Ram Nath. Sh. Ram Nath expired during the pendency of the suit leaving behind a Will dated 10.8.1976, Ex. PW-1/1 in favour of his wife Smt. Leela Wati giving her a life estate in the suit property and after her death the property to devolve upon the other sons Sh. Manohar Lal, Sh. Sushil Kumar and Sh. Vijay Kumar, the respondents herein. The wife of Sh. Ram Nath Smt. Leela Wati, mother of the parties, expired on 7.11.1999 intestate.

2. Appellant/plaintiff in the suit had pleaded that the suit property was a Hindu Undivided Family (HUF) property but he failed to prove that the suit property was HUF property, however, since fathe

Click Here to Read the rest of this document