VINOD CHOPRA Vs. VASUDEV CHOPRA AND ORS.

JUDGEMENT

(1.) Counsel for the plaintiff states that he does not press this application because plaintiff wants to file a fresh application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC). The application is therefore allowed to be withdrawn, however, since suit is being decided today, there is no reason to grant adjournment to allow filing of the application under Order VI Rule 17 CPC to the plaintiff. The application is therefore disposed of.

(2.) Learned counsel for the defendants on this application of the defendants under Order VII Rule 11 CPC argues that the plaint does not disclose the cause of action and also that the suit is barred by Sec. 4(1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as "the Act"), and accordingly, it is prayed that the application which is filed under Order VII Rule 11 CPC by the defendants be treated as an application under Order XII Rule 6 CPC because the title of the application cannot change the substance of the same, inasmuch as, the suit on the admitted facts as stated in the plaint is liable to be dismissed.

(3.) A reading of the suit plaint shows that the disputes are with respect to the property bearing no. J -5/10, Rajouri Garden, New Delhi situated on a plot admeasuring 200 sq. yds. This suit property as per the plaint was purchased by the grandfather of the plaintiff Sh. Tara Chand Chopra in the name of his son Sh. Vasudev Chopra and who is defendant no. 1 in the present suit. Putting it in other words Sh. Tara Chand Chopra was the father of Sh. Vasudev Chopra/defendant no. 1 and grandfather of the plaintiff. The plaintiff and the defendant no. 2 are the two sons of defendant no. 1 and the grandsons of late Sh. Tara Chand Chopra. As per the suit plaint, property was purchased in the year 1954/1958 by Sh. Tara Chand Chopra in the name of defendant no. 1. The suit plaint states that Sh. Tara Chand Chopra died in May, 1964 and before that it was Sh. Tara Chand Chopra who constructed on the suit property with his own funds, inasmuch as, the suit property was purchased when the defendant no. 1 was around 26 years of age. Plaintiff claims that the suit property is therefore an ancestral property belonging to the grandfather Sh. Tara Chand Chopra, and therefore, the plaintiff has a right in this ancestral property.