SUBHASH CHANDRA JARODIA Vs. VIJAYINDER KUMAR

JUDGEMENT

(1.) This application has been filed under Order VII Rule 11 of the Code of Civil Procedure,1908 ('CPC') by defendant no.1 for rejection of the plaint.

(2.) The suit was filed by plaintiff for a declaration of the registered gift deed dtd. 6/9/2021, executed by Late Sh. Chander Bhan in favour of defendant no.1 in respect of the property bearing No. M-111, Saket, New Delhi-110017 ('suit property'), as 'null and void', as well as declaring the registered Will dtd. 26/7/2017, executed by Late Sh. Chander Bhan in favour of defendant no.1 as 'null and void'. Additionally, plaintiff seeks a permanent injunction restraining defendant no.1 from creating third-party rights over the said property. Late Sh. Chander Bhan passed away on 5/2/2023, at the age of 92, leaving behind Class I legal heirs ' eldest son (plaintiff), younger son (defendant no.1), and three daughters (defendant nos.3-5). By the present application, defendant no.1 seeks rejection of the suit on the grounds that there was no cause of action, the suit is undervalued, and the requisite Court Fees have not been deposited.

(3.) Defendant no.1 contends that his father, Late Sh. Chander Bhan, had purchased the property from his own savings, making it a self-acquired property. He bequeathed the same through a registered Will in favour of defendant no.1 and executed a gift deed in favour of defendant no.1.