NAYAN BHARTI Vs. S S SRIVASTAVA

JUDGEMENT

(1.) The defendant No.1 in the aforesaid suit has filed the present application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint inter alia on the ground that the same is barred by limitation.

(2.) The prayer in the present plaint is for a decree of partition by metes and bounds in favour of the plaintiff and handing over of the vacant physical peaceful possession of one-fifth portion of the suit property being House No.R-66, Greater Kailash-I, New Delhi measuring 311 square yards to the plaintiff and against the defendants and in case the same is not possible, for sale of the suit property and division of the sale proceeds in equal shares i.e. onefifth share each between the parties to the suit. The plaintiff further prays for a decree for mesne profits/damages for unauthorized use and occupation of four-fifth portion of the suit property by the defendant No.1 as contemplated under Order XX Rule 12 of the Code of Civil Procedure with effect from 01.12.2008 till the date of handing over of the possession of one-fifth share of the suit property to the plaintiff. A decree of permanent injunction restraining the defendants from selling, alienating, transferring, mortgaging or parting with the possession of the suit property is also prayed for.

(3.) It is averred in the plaint that Shri Ram Singh Srivastava, father of the parties to the suit, who died intestate on 06.11.1988 was the owner of the suit property. The plaintiff is the daughter and one of the legal heirs of late Shri Ram Singh Srivastava. The defendant No.1 is the son and the defendants No.2 to 4 are the daughters of the deceased. The wife of the deceased Shri Ram Singh Srivastava and mother of the parties to the suit, Smt. Dhanwati Srivastava died in the year 1995 and thus, the plaintiff and the defendants No.1 to 4 are his only legal representatives.