SHYAM PRASAD Vs. DAYAVATI

JUDGEMENT

(1.) By this order, I shall dispose of the application filed by defendant no. 1 being I.A. No. 9522 /2008 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') for rejection of the plaint.

(2.) The brief factual matrix of the case is that the plaintiff filed the suit, inter alia, for partition, declaration, rendition of account and permanent injunction against the defendants.

(3.) Late Sh. Savitri Parsad was the owner of the suit property bearing Plot No. 12, Anand Lok, New Delhi measuring 793.3 square yards. However, on 27th March, 1971, the suit property was sub leased and a sub lease was jointly executed in the name of Late Sh. Savitri Parsad and his wife Smt. Dayawati, defendant no. 1 herein. Therefore, both late Sh. Savitri Parsad and the defendant no. 1 became the co-owners in respect of 50% share in the suit property. Sh. Savitri Parsad expired on 9th February, 1973 intestate leaving behind plaintiff and defendants as his legal heirs. Plaintiff is the son of defendant no. 1 and defendants no. 2 to 6 are the brothers and sisters.