- (1.)This is an application under Order XII Rule 6 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking a decree in favour of the Plaintiff and against the Defendants on admission.
(2.)A suit for possession, declaration, permanent and mandatory injunction, mesne profits and damages has been filed by the Plaintiff against the Defendants. Plaintiff Smt. Kamla Nijhawan is the grandmother of Defendant no. 1 and mother of Defendant no. 2. Defendants no. 3 and 4 are the government bodies and lessors of property no. 13/27, West Patel Nagar, New Delhi-110008.
(3.)The sum and substance of the averments made in the plaint is that Late Shri Balwant Rai Nijhawan, the deceased husband of the Plaintiff had executed a Will dated 22.08.1995 whereby he bequeathed various properties owned by him at the time of his death including ground floor of property no. 13/27, West Patel Nagar, New Delhi upon the Plaintiff. The Plaintiff's grievance is that Defendant no. 2 has fraudulently got the ground floor of the suit property mutated in his name on the basis of the earlier said Will, whereas the Plaintiff was to be the owner of the entire estate of the deceased Balwant Rai Nijhawan including the ground floor of the property. The Plaintiff, therefore, sought a decree requiring Defendants no. 1 and 2 to handover the vacant and peaceful possession of the ground floor of property no. 13/27, West Patel Nagar, New Delhi and declaration that the mutation procured by Defendant no. 2 in his favour is null and void.