VALMIKI J. MEHTA, J.

I.A No. 6528/2017 (U/o XII Rule 6 CPC filed by the plaintiff)

1. Plaintiff has filed this application under Order XII Rule 6 of the Code Of Civil Procedure, 1908 (CPC) for decreeing of the suit so far as the relief of possession is concerned with respect to the suit property which is the first floor and barsati floor of House No. 25/24, East Patel Nagar, New Delhi.

2. The facts as stated in the plaint are that late Sh. Wazir Chand Pasricha, who was the father of the plaintiff, was the owner of the entire House No.25/24, East Patel Nagar, New Delhi. Sh. Wazir Chand Pasricha is the father-in-law of defendant no.1 i.e the father of Sh. Ravinder Nath Pasricha is the late husband of defendant no.1/Smt. Kamla Pasricha. The defendant no.2 in this suit is Smt. Simmi Nayyar and who is the daughter of defendant no.1 and late Sh. Ravinder Nath Pasricha. Defendant no.3 in the suit is Sh. Sandeep Pasricha, the son of defendant no.1 and late Sh. Ravinder Pasricha. The plaintiff pleads that Sh. Wazir Chand Pasricha expired on 13.1.1985 but before his death Sh. Wazir Chand Pasricha had executed a registered Will dated 18.6.1984 whereby life-estate in the suit property being the first floor and the barsati floor of the property was bequeathed to Sh. Ravinder Nath Pasricha, the predecessor-in-interest of the defendants. Sh. Ravinder Nath Pasricha, the predecessor-in-interest since only had a life-estate, after his death, the suit property being the first floor and the barsati floor of H.No. 25/24 was to devolve absolutely upon the plaintiff to the present suit Sh. Surendra Nath Pasricha. In the plaint it is further pleaded that in terms of the registered Will dated 18.6.1984 of the father, the plaintiff and Sh. Ravinder Nath Pasricha, got mutated their respective rights in the suit property before the L&DO. Plaintiff also pleads the reason for late Sh. Ravinder Nath Pasricha not being given the suit property on account of late Sh. Ravinder Nath Pasricha being allotted a plot of 252 sq. yards in a House Building Cooperative Society for which construction cost was paid by the father Sh. Wazir Chand Pasricha. It is also pleaded in the plaint that to the granddaughter Smt. Simmy Nayyar late Sh. Wazir Chand Pasricha had given a loan to purchase a property where she is presently residing. For defendant no.1 a property bearing no. 1/13, Ground Floor, Sunder Vihar, Paschim Vihar, New Delhi was purchased by Sh. Wazir Chand Pasricha. The plaint makes reference to various earlier litigations between the parties, but for the purpose of the present application, specific reference is made to a suit for injunction filed by the plaintiff for restraining late Sh. Ravinder Nath Pasricha and defendant no.3 herein from using the suit premises for commercial purpose and parting with possession of the suit property to any other person, and which reliefs were claimed by placing reliance upon the Will of the father Sh. Wazir Chand Pasricha dated 18.6.1984. The defendant no.3 in the present suit Sh. Sandeep Pasricha was the defendant no.2 in the earlier suit for injunction filed, and which suit was numbered as Suit No.272/2003 filed in the Court of Civil Judge at Delhi. Plaintiff in the suit pleads that the Suit No. 272/2003 was decreed in terms of the judgment dated 24.4.2007 and it was held in that suit that Sh. Ravinder Nath Pasricha, the defendant no.1 in that suit, and the predecessor-in-interest of the defendants in this suit, only had a life-estate in the suit property in view of the bequest made by the Will dated 18.6.1984, and which Will was proved by the present plaintiff as the plaintiff in Suit No. 272/2003. Accordingly, it is argued on behalf of the plaintiff by means of the present application under Order XII Rule 6 CPC that the issue of title of the plaintiff in the suit premises, and only of a life-estate of the defendants, predecessor-in-interest Sh. Ravinder Nath Pasricha, stood finally decided in favour of the plaintiff in