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2013 Supreme(Del) 2505

JAYANT NATH
Savitri Devi – Appellant
Versus
Manoj Kumar – Respondent


Advocates Appeared:
For the Appellant : Biswajit Swain and Mr. Vikram Singh.
For the Respondent:Rakesh Dahiya, Advocate.

JUDGMENT :

JAYANT NATH, J.

1. The present suit is filed by the plaintiff for possession of the property being 1st Floor, House No. T-279, Indira Colony, Narela, Delhi as per the rough site plan, Annexure P 1 and for mandatory injunction. Defendant No. 1 is the son and defendant No. 2 is the daughter-in-law of the plaintiff. As per the plaint, both the defendants are illegally and un-authorisedly occupying the first floor of the suit property comprising of four rooms, open space, one kitchen and two bathrooms and balconies. It is stated that the father-in-law of the plaintiff executed a Will dated 15.05.2006 in favour of the plaintiff whereby he bequeathed the suit property at Narela admeasuring 217 sq. yards and agricultural and residential property situated at village Singhu, Delhi. The father-in-law expired on 01.01.2007 and subsequent thereto, the plaintiff became absolute owner of the suit property. The plaintiff with her husband and children is residing at the ground floor of the suit property.

2. The plaint further states that the marriage of defendants No. 1 and 2 was solemnized on 23.02.2008. After the marriage, the plaintiff permitted user of first floor accommodation (suit p














































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