USHA RANI Vs. CHANDER MOHAN GAUTAM

JUDGEMENT

(1.) This Judgment shall decide the present civil revision petition filed by the petitioner/revisionist, who is the defendant No.1 in the suit filed by the respondents/plaintiffs pending before the learned Trial Court, assailing the Impugned Order dtd. 16/9/2023 passed by the learned Additional District Judge, North, Rohini Courts, Delhi[1] , whereby the petitioner's application under Order VII Rule 11 Code of Civil Procedure Code, 1908[2] seeking rejection of the plaint, was dismissed.

(2.) Briefly stated, the present revision petition has been filed through the legal representative of late Usha Rani, who expired on 29/5/2021 during the pendency of the suit before the learned Trial Court. It is their case that the suit property bearing No. AE-197, Shalimar Bagh, Delhi - 88[3] was gifted to Usha Rani vide Gift Deed dtd. 25/9/1980 by her father late Ram Saroop Gautam, out of natural love and affection and out of free will without any fraud and coercion. It is further claimed that the father of Usha Rani after the Gift deed wrote several letters to the DDA to transfer the lease rights owned by him to Smt. Usha Rani, and, after the due process of law, the lease rights in the suit property were transferred in her name.

(3.) It is further stated the said Smt. Usha Rani out of her own and her husband's resources, constructed a house on the suit property and executed a registered Conveyance Deed dtd. 29/1/2008 in her name. It is stated that during the lifetime of Smt. Usha Rani, she had executed a registered Will dtd. 26/10/2017 wherein she had bequeathed right, title and interest in the suit property, in favour of her husband Sh. Bharmanand Sharma (Legal Representative of Smt. Usha Rani herein).