SURENDER KUMAR Vs. DHANI RAM AND ORS.

JUDGEMENT

(1.) This application is filed by the defendant no. 1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for dismissal of the suit on the ground that the suit plaint does not disclose the cause of action. In the application it is averred that the suit plaint does not show existence of the legal cause of action as the plaintiff is only a grandson of late Sh. Jage Ram who owned the property and thus not a class I legal heir, and since there are already the sons of late Sh. Jage Ram who are class I legal heirs (including defendant no. 1/applicant who is the father of the plaintiff), and who are alive, plaintiff cannot lay any claim to the properties of late Sh. Jage Ram. It is further averred in the application that the properties of late Sh. Jage Ram were not Hindu Undivided Family (HUF) properties/joint Hindu family properties but were the individual properties of late Sh. Jage Ram. Accordingly, it is prayed that the suit which is seeking the relief of possession, and effectively partition etc, be dismissed.

(2.) Counsel for the plaintiff in response has argued that in the plaint, plaintiff has made a specific averment in para 4 that the properties of late Sh. Jage Ram, grandfather, remained joint Hindu family properties and have continued to be so even after his death between his legal heirs, and once the suit properties are joint Hindu family properties, the issue with respect to the plaintiff not being the class I legal heir is immaterial because plaintiff claims right in the suit properties as a coparcener of a joint Hindu family/HUF. On behalf of the plaintiff, reliance in support of his arguments is placed upon the judgments of the Supreme Court in the cases of Rohit Chauhan vs. Surinder Singh & Ors., : AIR 2013 SC 3525 and Hardeo Rai vs. Sakuntala Devi & Ors., : VI (2010) SLT 222.

(3.) A reading of the plaint shows that plaintiff claims rights in various immovable properties which are detailed in para 2 of the plaint, and which para reads as under: -