RAKESH ARORA Vs. S D TECHNICAL SERVICES PRIVATE LIMITED
LAWS(DLH)-1996-2-29
HIGH COURT OF DELHI
Decided on February 08,1996

RAKSHA ARORA Appellant
VERSUS
S.D.TECHNICAL SERVICES PRIVATE LIMITED Respondents


Referred Judgements :-

KAIVELIKKALAMBUNHI (DEAD) BY LRS. AND OTHERS V. H. GANESH BHANDAR [REFERRED]


JUDGEMENT

K.Ramamoorthy, J. - (1.)The point involved in the two suits involves the construction of the Will dated 23.2.90 by one Ram Prakash Arora. The execution of the Will is admitted by the parties. Before I deal with the applications in the two suits and the reliefs to be granted in the two suits, a few facts have to be noticed.
(2.)Ram Prakash Arora married Phool Wati @ Janak Dulari. Four issues were born out of the wedlock :
1. Mrs. Raksha Arora (daughter)

2. Kanwal Kishore Arora (son)

3. Chand Kiran (pre-deceased son)

4. Sneh Prabha (daughter)

(3.)In the Will he bequeathed the properties, mentioned therein, expressing his intentions. We are concerned with only one property in the Will. Mrs. Raksha Arora filed suit No. 3726/90. The plaint was presented on 30.11.90, four months after the death of the father Ram Prakash Arora on 25.7.90. The reliefs prayed for in the amended plaint are as follows :-
a) A decree for grant of prohibitory injunction may be granted in favour of the plaintiff and against defendant No. 1 restraining the defendant No. 1 from consuming electricity from K.No. 521706 (Meter No. 0918839) and K.No. 5.204836 (Meter No. 0993632) installed in premises No. B-87, Mayapuri Industrial Area, Phase I, New Delhi, with sanctioned load of 75.73 KV and 1I KV respectively;

b) A decree for mandatory injunction may be passed in favour of the plaintiff and against the defendant No. 1 directing the defendant to remove itself from the licenced portion of factory No. B-87, Mayapuri Industrial Area, Phase I, New Delhi and referred to in para No. I of the plaint and not to obstruct the plaintiff from entering into the said licenced portion;

c) A decree for Rs. 20,675.00 may be passed in favour of the plaintiff and against the defendant as arrears of electric and water consumption charges and for installation of pollution control plant;

d) A decree for payment of consumption for use and occcupation.of the licence portion of property No. B-87, Mayapuri Industrial Area, Phase-1, New Delhi be passed in favour of the plaintiff and against the defendant @ Rs. 50,000.00 per month or at such other rate as this court may deemed just and proper and for such period as this court may found due to the plaintiff.

e) Such other relief may also be granted as this Court may deem just and equal under the circumstances of the case.

f) Cost of the suit may allowed to the plaintiff."

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