JUDGMENT

Manoj Kumar Ohri, J. (Oral)

I.A. 19093/2022

1. Plaintiff has filed the present application under Order XII Rule 6 CPC, thereby seeking directions to pass a decree in terms of the prayer (1) of the plaint in his favour and against the defendant.

2. Briefly, plaintiff has instituted the present suit for possession and recovery of mesne profit/damages. It is claimed that plaintiff's mother Late Smt. Ram Dai Khandelwal was the recorded owner of the property bearing No.39, Sadhna Enclave, New Delhi (hereafter, `the suit property') by virtue of Perpetual Lease Deed dated 09.03.1996. During her lifetime, she executed her last Will and Testament dated 18.07.1989 thereby bequeathing the suit property equally between her two sons namely, the plaintiff and Shri Suresh Chand Khandelwal. The competent Court also granted probate in favour of the plaintiff and Suresh Chand Khandelwal vide order dated on 22.07.2014 passed in Probate Case No.7/2010.

It is averred that Suresh Chand Khandelwal died intestate on 01.08.1992 leaving behind his wife and three daughters as the only legal heirs. The three daughters of Late Suresh Chand Khandelwal relinquished their respective shares in favour of th