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2016 Supreme(Del) 2352

VALMIKI J.MEHTA
Suman Lata – Appellant
Versus
Amit Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amarjit Singh
For the Respondents: Mr. Paritosh

JUDGMENT :

Valmiki J. Mehta, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff against the Judgment of the First Appellate Court dated 13.10.2015 which reversed the Judgment of the Trial Court dated 27.3.2015 whereby the trial court had decreed the suit of the appellant/plaintiff for permanent and mandatory injunctions and mesne profits with respect to the suit property no.C-169, Pandav Nagar, Delhi-92. The effect of the judgment of the first appellate court is that the suit of the appellant/plaintiff has been dismissed both for mandatory and permanent injunctions as also for mesne profits. I may note that appellant/plaintiff by claiming mandatory injunction, was effectively claiming possession of the suit property.

2. The sole issue to be decided in the present case is interpretation of the admitted Will dated 5.5.1992 left behind by late Sh. Sant Ram Sachdev who is the father-in-law of the appellant/plaintiff i.e the father of Sh. Raj Kumar, the husband of the appellant/plaintiff. Two issues arise as regards the interpretation of this Will. The first issue is as to whether the appellant/plaintiff became


















































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