SURESH KAPOOR Vs. SHASHI KHANNA AND ORS.

JUDGEMENT

(1.) Having heard learned counsel for the parties and having perused the record of the suit we find no infirmity in the impugned order dated Oct. 10, 2014, for the reason a perusal of the plaint would reveal that it is a case of ouster and the learned Single Judge has correctly opined that the appellant must pay ad-valorem court fee.

(2.) Suit property was admittedly owned by Late Bhoop Devi Malhtora and her daughter Bimla. The title document is in their names. In the plaint the appellant has wrongly pleaded that Late Bhoop Devi Malhotra was the full owner of the suit property. Faced with the written statement and documents filed, the appellant has sought to amend the plaint and lay a challenge to the title of Bimla.

(3.) A perusal of the plaint would show that the case of the appellant is that Late Bhoop Devi Malhotra was the owner of the property and on her death on June 05, 1969 her son Beli Ram Malhotra became the owner. On his death on May 14, 1973 his wife Gullo Devi, daughters Kamla and Bimla and son Harbans Lal inherited the suit property. It is pleaded that Bimla used to look after the property, manage it and let it out. It is pleaded that even during the lifetime of Gullo Devi Bimla never rendered any account to Gullo Devi.