Yogesh Khanna, J. - (1.) This application is under Order 39 Rule 1 and 2 CPC. One Goverdhan Lal Obhroi was the owner of the suit property admeasuring 1066 square yards bearing No.3A, Ring Road, Lajpat Nagar-IV, New Delhi by virtue of lease deed dated 22.06.1964 duly registered as document No.2638 in additional book No.1, Volume No.1119, page Nos.90-93 in the office of Sub Registrar, Delhi.
(2.) He executed a Will dated 27.06.1983 in which he gave life time interest to his wife Smt.Sharda Obhroi and after her death, created further life interest, in the estate, for his two daughters viz defendant Nos.3 & 6 herein and only on the death of his daughters viz defendant Nos.3 & 6, the property would vest in the daughters of defendant Nos.3 & 6. The plaintiff being the daughter of defendant No.6 and defendant Nos.4 & 5 being the daughters of defendant No.3 were to acquire the property as absolute owners in the event of the demise of their mothers namely defendants No.3 & 6.
(3.) The plaintiff and defendants are aware of the execution of the Will. After the death of late Goverdhan Lal Obhroi on 30.10.1983, the suit property was mutated in the name of Smt.Sharda Obhroi in terms of the Will. Late Smt.Sharda Obhroi got the property converted into free hold and a deed of conveyance dated 09.07.2003 was duly registered. She submitted the plan for reconstruction of the house and it was approved by the MCD, but during the construction of the building, she expired. After her demise, the property devolved upon the mother of the plaintiff viz defendant No.6 and upon the mother of defendants No.4 & 5 viz defendant No.3 in equal proportions as life estate interest. The defendant No.6/mother of the plaintiff spent huge amount for construction of the existing structure.;