ABHISHEK VOHRA Vs. SURESHTA MALHOTRA AND ORS.

JUDGEMENT

(1.) I.A. 15387/2013

(2.) BY the present application filed under Order VII Rule 11(a), (b) and (c) CPC defendant No. 5 pays that the plaint be rejected.

(3.) THE main thrust of the arguments of learned counsel for the applicant/defendant No. 5 is that late Sh. Rajinder Nath Chaddha, father of plaintiff and defendants No. 1 and 2 had left behind a Registered Will dated 7.2.1996. As per the said Will, the property was bequeathed to his wife. Based on the Will his wife entered into a Collaboration Agreement with defendant No. 4, as per which the builder was entitled to basement, second floor, third floor and terrace of the property in question together with stilt parking, except two parkings, which were to fall into the share of the owner, besides the ground floor and the first floor. It is further the contention of counsel for the applicant that since upon the death of late Sh. Rajinder Nath Chaddha his wife became the absolute owner she had full right over the property in question. Portion of the Will dated 7.2.1996, which is sought to be relied upon by counsel for the applicant, reads as under: