RENU JAIN Vs. GUNJAN

JUDGEMENT

(1.) THE aforesaid application under Order VII Rule XI (a), (b) and (d) of the Code of Civil Procedure has been filed by the defendant praying for rejection of the plaint.

(2.) THE facts relevant for the decision of the present application are that the plaintiffs have filed the aforesaid suit for declaration, cancellation, partition and permanent injunction against the defendant on the allegation that their maternal grand -father, late Lala Sher Singh had died intestate and upon his death his estate devolved upon his five daughters in the ratio of 1/5th share each in his property bearing No.22, Barakhamba Road, New Delhi and all his other assets. The mother of the plaintiffs No.1 and 2 who is also the mother of the defendant, namely, late Smt. Memo Devi had purchased/acquired Cottage No. 3, Oberoi Apartments, Civil Lines, Delhi from the sale consideration received by her as her share in the estate of her father and as such, according to the plaintiffs, who are the married daughters of late Smt. Memo Devi, the defendant, who is the unmarried daughter, could not claim the same to be her absolute property.

(3.) THE plaintiffs allege that the aforesaid Gift Deed dated 28.03.2005 and Will dated 17.06.2008 have been obtained under duress, coercion and undue influence exercised by the defendant on late Smt. Memo Devi, who had not executed them voluntarily and as such the said documents are liable to be cancelled being illegal and fraudulent documents. The plaintiffs accordingly seek a decree declaring the aforesaid Will and Gift Deed alleged to have been executed by Smt. Memo Devi as illegal, null and void and pray for the said documents to be delivered up and cancelled in accordance with law. The plaintiffs also seek a permanent injunction restraining the defendant from alienating, transferring or creating any third party interest in the aforementioned property at Civil Lines and dealing with the 1/20th undivided interest in immovable property situated at Jhandewalan, Delhi alleged to have devolved upon their mother upon the demise of their maternal grand -father, late Lala Sher Singh. A decree for partition of the Civil Lines property bearing Cottage No. 3 by metes and bounds in three equal shares and partition of 1/20th undivided share in the Jhandewalan property in three equal shares is also sought. Similarly a partition is sought in respect of the movable properties of the deceased mother in three equal shares in accordance with law.