(1.) By way of the present application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 ('CPC'), defendant No.2 seeks rejection of the plaint inter-alia on the grounds that the plaint does not disclose a cause of action and that it is also barred by law.
(2.) In the present suit, the plaintiffs have made the following prayers :
(3.) Briefly, it is the plaintiffs' allegation that property bearing No. F-61 Rajouri Garden, New Delhi ('subject property') is the 'joint property' of the plaintiffs and the defendants, both sides having a 50% share therein. In that respect, the plaintiffs seek a decree of declaration. Furthermore, it is the plaintiffs' case that Sale Deed dtd. 27/3/1992 registered in favour of defendant No.2 be cancelled since defendant No.2 is not the sole or absolute owner of the subject property. In that behalf, the plaintiffs seek a decree of cancellation of the said sale deed. Furthermore, the plaintiffs seek a decree of partition and separate possession in respect of their respective shares in the subject property, based on a mode of partition to be worked-out by appointing a local commissioner.
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