KAMLESH SHARMA @ KAMLESH KUMARI Vs. SATYA DEVI

JUDGEMENT

(1.) Ia Nos. 3497 of 2013 (filed by Plaintiffs under Order 1 Rule 10 CPC), 3498 of 2013 (filed by Plaintiffs under Order XXXIX Rules 1 & 2 CPC), 3499 of 2013 (filed by the Plaintiffs under Order XXXIX Rule 2A CPC)

(2.) While directing summons to issue in the suit and notice in the application on 19th August 2011, this Court granted an ad interim injunction directing the parties to maintain status quo with respect to possession and title of the suit property.

(3.) Defendant Nos. 1, 3 and 4 filed IA No. 18330 of 2011 under Order VII Rule 11 CPC for rejection of the plaint. It was claimed by the Defendants 1, 3 and 4 in their written statement that during his life time, late Mr. Suraj Prakash Sharma had executed a Will dated 10th August 1989 which was registered before the Sub Registrar, Delhi by which he had given the property to his wife Smt. Satya Devi (Defendant No. 1) as sole and exclusive owner along with all movable properties, i.e., deposits in banks and GPF etc. It was stated that in terms of the will, the unmarried daughters would continue to live in the property till they moved out to their respective matrimonial home. It was further stated that Defendant No. 4, who is unmarried, and Defendant No. 3, who had some matrimonial dispute, were residing in the said premises. Since Defendant No. 2 did not have good relations with his father, he had not been given any share. After the death of the father, the suit property was transferred in the name of Defendant No. 1 after a relinquishment deed dated 23rd February 1990 was executed by all the children with the consent and knowledge of Plaintiff No. 1. Thereafter, on 18th June 2009, Defendant No. 1 got the property converted into freehold.