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2016 Supreme(Del) 2336

S.RAVINDRA BHAT, DEEPA SHARMA
PRITAM DEWAN – Appellant
Versus
RASHMI KHANNA – Respondent


Advocates Appeared:
For the appellant :Sh. Kamaldeep Dayal, Advocate.
For the Respondent:Sh. Harish Malhotra, Sr. Advocate with Sh. Anil Mital and Sh. Tarun Gandhi, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. In this appeal, the unsuccessful plaintiffs/appellants who are the widow and son of late Col. B.R. Dewan question the judgment of a learned Single Judge of this court (dated 11.10.2013)which held that the first Appellant (widow) was not the absolute owner of the suit property under Section 14(1) of the Hindu Succession Act, 1956. However, in view of the statement and admission of the defendants (i.e the daughter and her husband) the widow’s right to receive rents paid by tenants of the second floor, during her lifetime was acknowledged and a consequential decree made.

2. The facts of the case are that D-246, Defence Colony, New Delhi (hereafter “the suit property”), was a self-acquired property of Col.(Retd.) B.R. Dewan. By his will dated 24.06.1984 he bequeathed life interest in the suit property in favour of the first Appellant (his widow) to hold it as a trustee on behalf of the legal owners (the second Appellant-hereafter “the son” or “Ranvir” and the first Respondent, herafter “the daughter” or “Rashmi”) and income arising during her lifetime was to be enjoyed by her. She was also entitled to evict the tenants and or create new tenancies of h















































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