PAMELA MANMOHAN SINGH Vs. UTTAM CHAND TRUST

JUDGEMENT

(1.) . The conspectus of facts as culled out from the pleadings need to be recapitulated for deciding the following preliminary issues arising out of the application under Order 7 Rule 11 CPC. 1. whether the suit is barred by limitation? 2. whether there is no cause of action available to the plaintiff, if so, its effect?

(2.) . Plaintiff is the daughter of late Dr.(Mrs.) Raseel Kohli. She was Dr.Ms.Raseel Rekhi when she purchased the suit property. Defendant no.1 is a Trust whereas defendant no.2 is the Trustee. Smt.Channo Devi was the grand mother of the plaintiff and mother of Dr.Ms.Raseel Rekhi. Defendant no.2 is the son of Smt.Channo Devi whereas defendant no.3 is another daughter of Smt.Channo Devi. Defendant nos.5(a) to 5(d) are the legal heirs of the deceased son of Dr.(Mrs.) Raseel Kohli (for the purpose of facts will be referred as Dr.Ms.Rekhi).

(3.) . Case of the plaintiff in brief is as under:- Dr.Ms.Rekhi purchased the suit property on 19.2.1930 from her own exclusive earnings and income from one Sh.Ulfat Rai by a Regd.Sale Deed dated 19.2.1930 for a sum of Rs.5325/04/00. She lived in the suit premises along with her father, mother, brothers and sisters. She got married in 1933 to Sh.Dharamvir Kohli and settled in Bombay. They had two children namely the plaintiff and Mr.K.V.Kohli. After her marriage, she allowed her parents and 3 younger brothers and 3 younger sisters to live in the suit property as licensees.