MOHD.IQBAL Vs. NAJMA

JUDGEMENT

(1.) The present suit has been filed by four plaintiffs seeking following reliefs:

(2.) It is averred in the plaint that the plaintiffs and defendant Nos.4 & 5 are the sons and daughters of Late Mohd.Ahmed (hereinafter referred to as the deceased) who died on 15 th January, 1989. The wife of the deceased, Mst.Zubaidan had died on 16 th November, 1981. Defendant No.1 claims to be the second wife of the deceased. Defendants No.2 and 3 are minor children born out of the said union of defendant No.1 and the deceased. Defendant No.6 is the tenant/occupant of the property No.A-96/10, Wazirpur Industrial Area, New Delhi which was owned by the deceased and plaintiff No.2 each having 1/2 undivided share in the name of their erstwhile partnership concern, Labour Printing Press.

(3.) The written statement has been filed by the defendant Nos.1 to 3. It is stated in the written statement that the suit has not been properly valued for the purposes of Court Fee and jurisdiction. The plaintiffs have no locus standi to file the present suit as they have nothing to do with the suit property. Plaint does not disclose any cause of action. The plaintiffs have not come to the Court with clean hands as the plaintiffs are guilty of suppressing the material facts and the present suit has been filed by the plaintiffs with malafide intentions to harass the defendant Nos.1 to 3. In the written statement, it is specifically stated that defendant No.1 was the legally wedded wife of the deceased and is now his widow. The defendant Nos.2 and 3 are daughter and son of the deceased from the defendant No.1 who married the deceased on 20 th January, 1982 in accordance with the Muslim Rites at a Dower of Rs. 10000/-. They resided together at 7649, Quresh Nagar, Delhi.