Rita Datta vs Rajiv Kumar - 2025 Supreme(P&H) 40

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 40

DEEPAK GUPTA
Rita Datta – Appellant
Versus
Rajiv Kumar – Respondent

Advocates Appeared:
For the Appellant : Mr. Ashwani Talwar Adv.
For the Respondent:Mr. S.K. Garg Narwana, Senior, Advocate, Mr. Vishal Garg Narwana, Adv., Mr. Nitin Sachdeva Adv.

JUDGMENT :

Deepak Gupta, J.

Sole plaintiff - Rita Datta (appellant through her LRs herein) and sole defendant Rajiv Kumar (respondent herein) are real sister and brother. They are natural legal heirs of Smt. Prem Mehta (wife of late Sh. Tilak Raj), who had expired on 25.02.2003. Dispute pertains to the estate left behind by said Smt. Prem Mehta. Plaintiff claimed exclusive ownership and possession to the suit property on the basis of a Will dated 06.09.2001. She sought decree of declaration to that effect besides that of permanent injunction restrain the defendant from removing the trees standing in the suit land, changing the nature of the suit land or to alienate the same in any manner, and further from interfering in her possession.

2. Defendant disputed the claim of the plaintiff and alleged the Will set up by the plaintiff to be forged and fabricated document.

3. After framing necessary issues and taking evidence on record, the trial Court discarded the Will set up by the plaintiff and partly decreed the suit to the extent that she was declared to be in joint possession of the suit land along with defendant, to the extent of 1/2 share. The relief sought by the plaintiff claiming a

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