RANI DUTTA vs BABLI GOSH @ SHARMILA GHOSH & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23 April 2025 Judgment pronounced on: 15 May 2025 + RFA 403/2018 & CM APPL. 31631/2023 RANI DUTTA .....Appellant Through: Mr. Arvind Kumar Gupta and Mr. Arun Bhattacharya, Advs. versus BABLI GHOSH @ SHARMILA GHOSH & ANR. .....Respondents Through: Mr. Dibyadyuti Banerjee and Ms. Sumedha Halder, Advs. HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The present regular first appeal is being preferred by the appellant under Section 96 of the Code of Civil Procedure, 1908 1 read with Section 10 of the Delhi High Court Act, 1966, thereby assailing the impugned judgment and decree dated 28.02.2018 passed by the learned Additional District Judge-04 2, South East, Saket Courts in Suit bearing CS No. 207406/2016. 2. The appellant, Smt. Rani Dutta is the widow of Mr. K.P. Dutta who passed away on 21.12.1993 and respondent No.1 is the daughter of appellant and respondent No. 2 is the husband of respondent No.1. 1 CPC 2 ADJ RFA 403/2018 Page 1 of 26 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:15.05.2025 20:35:13 3. The Family Tree of Mr. K.P. Dutta3 is as hereunder: 4. Briefly stated, the suit property bearing no. E-828, Chittaranjan Park, New Delhi, 1100194 built on a plot measuring 192 sq. yards was given on lease to the deceased by the Department of Rehabilitation and registered documents were duly executed in favour of the deceased. During his lifetime, the deceased raised construction on the said plot, which comprises of ground, first and second/barsati floor. 5. It is the case of the Appellant that the deceased had executed a Will dated 01.05.1990, whereby he bequeathed the entire suit property to the Appellant/wife, making her the absolute owner. Pursuant to the said Will, and with