RAJNI KHANNA Vs. SIDHARTHAN

JUDGEMENT

(1.) The petitioner/revisionist, who is the defendant in the suit filed by the respondent/plaintiff pending before the learned Trial Court, has preferred the present civil revision petition, assailing the impugned order dtd. 12/5/2023 passed by the learned Civil Judge, North West District, Rohini Courts, Delhi(Trial Court), whereby her application under Order VII Rule 11 of the CPC(Code of Civil Procedure, 1908) seeking rejection of the plaint was dismissed.

(2.) Briefly stated, the petitioner/defendant and the respondent/ plaintiff are siblings, and admittedly their mother was the true and absolute owner of the suit premises. The respondent/plaintiff claims to have enjoyed peaceful possession of the suit premises since the time their mother purchased it, and acknowledges that the mother transferred her entire share of the suit premises to the petitioner/defendant through a Gift Deed dtd. 14/2/2020. The mother passed away on 16/3/2021, leaving the petitioner and respondent as her only legal heirs. The respondent/plaintiff alleges that their mother was of unsound mind before her death and it is alleged that the petitioner/defendant manipulated their mother into executing the said Gift Deed in her favour.

(3.) The respondent/plaintiff filed a civil suit for Declaration and Permanent Injunction against the petitioner/defendant in regard to the Flat bearing No. 30-A, Ground Floor, Block - AJ, Shalimar Bagh, New Delhi(Suit premises). It would be apposite to refer to the prayers sought by the respondent/plaintiff: -