R.N.SINGH Vs. MURARI MIRCHANDANI

JUDGEMENT

(1.) Through this appeal under Sec. 10 of the Delhi High Court Act, 1966 and Order XLIII of the Code of Civil Procedure, 1908 [hereinafter referred to as the 'CPC'], the Appellant [Defendant No.5 in the original Plaint] assails the Judgement dtd. 18/11/2022 passed by the learned Single Judge in CS (OS) No. 1081/2014 captioned Murari Mirchandani vs. Jatinder Sardana and Ors., wherein an application filed under Order VII, Rule 11 of the CPC filed by the Appellant/Defendant No.5 was dismissed holding that no ground was made out for rejection of the plaint, with cost of Rs.1,00,000.00.

(2.) Admittedly, Sh. Surender Kumar Sardana was the owner of the property bearing No. S-94, Panchsheel Park, New Delhi [hereinafter referred to as the 'suit property'], who passed away on 5/4/2011. He was a bachelor and died intestate, leaving behind only Class II legal heirs:

(3.) It is the case of Sh. Raj Narain Singh/Appellant that Late Sh. Surender Sardana had executed a General Power of Attorney [hereinafter referred to as 'GPA'] and Agreement to Sell [hereinafter referred to as 'ATS'] dtd. 24/2/1986, pertaining to the suit property in his favour on receipt of Rs.16,00,000.00 (Rupees Sixteen Lakhs Only) in cash. The suit property was executed vide Conveyance Deed dtd. 12/8/2013 in favour of the Appellant by the Delhi Development Authority [hereinafter referred to as the 'DDA'], based on the said GPA/ATS.