LAWS(DLH)-2020-5-54

NEERU DHIR Vs. KAMAL KISHORE DHIR

Decided On May 01, 2020
Neeru Dhir Appellant
V/S
Kamal Kishore Dhir Respondents

JUDGEMENT

(1.) The appellants/plaintiffs have questioned the judgment dated 23.05.2019, passed by the learned Single Judge dismissing a suit for partition and permanent injunction instituted by them against the respondents/defendants claiming that they are collectively entitled to 1/10th undivided share in the residential premises bearing No.C-324, Vivek Vihar, Delhi.

(2.) The three appellants/plaintiffs are the successors-in-interest (widow and children) of late Shri Anil Kumar Dhir, brother of the respondents No.1 to 7 and the deceased respondents No.8 and 9. The factual averments made in the plaint have been neatly summarised in para 1 of the impugned judgment. For the sake of convenience, the said para is extracted below:-

(3.) Written statements were separately filed by the respondent No.1, respondents No.2 and 3 and respondents No.4 to 9A. Pleadings were completed in the suit. In the meantime, respondent No.1, respondents No.2 and 3 and the respondents No.4 to 9A filed separate applications under Order VII Rule 11 CPC praying inter alia for rejection of the plaint on several grounds, including the ground that the predecessor of the parties i.e., Shri R.P. Dhir did not own any property; that there was no Hindu Undivided Family; that the suit instituted by the appellants is barred by limitation and that the same is also barred by the Benami Transactions (Prohibition) Act, 1988 (in short 'the Benami Act').