RAJ AHUJA Vs. MAJ GENERAL SATISH MEDIRATTA

JUDGEMENT

(1.) THIS is an application under Order VII Rule 11(b) and (d) filed by the Defendant No.1 seeking rejection of the plaint on the ground that proper Court fee has not been affixed and the suit is barred by limitation.

(2.) THE essential facts are not in dispute. THE parties to the present suit are the children of Late Lt. Col. H.C. Mediratta, who passed away on 21.02.1986. His immovable property being a residential house bearing No.17, Block A-11, Vasant Vihar, admeasuring 600 sq. yards devolved in equal shares on his four children, i.e., the Plaintiff, the Defendant No.1, the Defendant No.2 and late Shri Munish Mediratta. THE youngest child Munish Mediratta died on 27.07.1996 and his two children Michael and Michelle, though given away in adoption in his lifetime, are arrayed as Defendant Nos.3 and 4. Thus, the Plaintiff, the Defendant No.1 and the Defendant No.2 are each owners of one-third share in this property.

(3.) NEEDLESS to state that the aforesaid facts are rebutted by the Plaintiff in her replication. According to the Plaintiff, she never executed a Power of Attorney in favour of wife of the Defendant No.1, nor she ever had any intention of relinquishing her rights in the suit property in favour of Defendant No.1. According to her, the Defendant No.1 has been allowed to receive rent for the Ground Floor of the suit property and the First Floor has been built out of the rent received from the tenants of the Ground Floor. It is denied by her that the Defendant No.1 is the absolute owner of the suit property and it is specifically pleaded that she is the co-owner of the suit property and in possession of the same through defendant No.1.