HARSH GANDHI Vs. THAKAR DASS THAKKAR

JUDGEMENT

(1.) The present application for rejection of plaint under Order 7, Rule 11 read with Section 151 CPC, has been filed by defendants No.5 to 8 along with the written statement to the suit for possession, declaration and permanent injunction.

(2.) It is stated in the application that the plaintiff, who is claiming herself to be the adopted daughter of Late Shri Tulsi Dass has not challenged the transfer of membership by Late Shri Tulsi Dass in favour of defendant No.2 qua the suit property, but has only challenged the subsequent documents, i.e. General Power of Attorney, Will, Receipt and Agreement to Sell, all dated 26.06.1997 which are only confirmatory in nature. Further, Late Shri Tulsi Dass, who lived upto 15.09.2007, never during his lifetime, challenged the transfer of membership or the abovementioned subsequent documents. Therefore, the present suit is liable to be dismissed.

(3.) It is further stated that the present suit is not maintainable, because the defendants No.5 to 7 are the bonafide purchasers of the suit property from Shri Vikram Tandon vide sale deed dated 30.04.2011 and the defendant No.8, in respect of her share, is also a bonafide purchaser from the defendants No.5 to 7 vide sale deed dated 30.05.2011 and the plaintiff cannot challenge the said two sale deeds. The plaintiff has not challenged the sale deed dated 27.01.2000 executed by defendant No.2 in favour of defendant No.3 in respect of the suit property and also the sale deed dated 23.04.2008 whereby the defendant No.3 transferred the suit property in favour of defendant No.4.