DEV RAJ CHAUDHRY Vs. RAJ KUMAR

JUDGEMENT

(1.) I.A.2396/2021 (under Order VII Rule 11 CPC read with Sec. 151 CPC on behalf of defendant No.4 for Rejection of Plaint and/or Dismissal of Suit) An application has been filed on behalf of defendant No.4 seeking rejection of the plaint.

(2.) It is submitted in the application that the plaintiff has filed a suit for Partition, Rendition of Accounts and Permanent and Mandatory Injunction in respect of the property bearing No.10/18, Shakti Nagar, Delhi (hereinafter referred to as "suit property"), which was admittedly the self acquired property of Smt. Balwanti Devi (mother of the parties).

(3.) The defendant no. 4 has asserted that the suit property after being purchased by Smt. Balwanti Devi vide Sale/Conveyance Deed dtd. 15/9/1955 from one Milap Chand, was constructed partly in the year 1955- 56 and thereafter in 1971-72. Defendant No.1 is claiming himself to be a sole beneficiary of the entire suit property by virtue of alleged Will dtd. 3/8/1987 executed in his favour by their mother Smt. Balwanti Devi. However, the plaintiff by virtue of a Will dtd. 26/1/2011 is asserting that he and defendant No.1 (the two sons of Smt. Balwanti Devi) are entitled to 50% share each in the suit property.