GAURAV SIKRI Vs. KAUSHALYA SIKRI

JUDGEMENT

(1.) A serious objection to the maintainability of the suit was taken by the learned counsel for the defendants. This was also noted in the order dated 15.12.2006 wherein it was pointed out to the Court that the suit has been filed by the grandchildren of late Sh. Vilayati Ram Sikri in the life time of their father. The matter was thereafter adjourned for arguments on this aspect. The same has been argued today by the counsel for the plaintiffs as well as by the counsel for the defendants.

(2.) The short point taken by the learned counsel for the defendants is that if all the averments made in the plaint are taken to be correct, it would not disclose a cause of action and, therefore, the plaint has to be rejected. He submitted that as per averments made in the plaint late Sh. Vilayati Ram Sikri was the owner of the suit properties detailed in paragraph 3 of the plaint. It is an admitted position between the parties that late Sh. Vilayati Ram Sikri passed away on 11.12.2001 and that he died intestate. As per paragraph 3 of the plaint it is stated that late Sh. Vilayati Ram Sikri was the owner and/ or had ownership interest in the suit properties detailed therein. In paragraph 4 of the plaint it is stated that late Sh. Vilayati Ram Sikri died intestate at Delhi on 11.12.2001 leaving behind the following heirs:-

(3.) In paragraph 5 of the plaint, it is alleged that a registered release deed has been executed by defendant Nos. 2 to 5 on 24.12.2001 in favour of their mother (defendant No.1) whereby they have relinquished all their rights, title, interest in whole of the estate of late Sh. Vilayati Ram Sikri including the properties mentioned in paragraph 3 of the plaint. It is further stated in the plaint that by this action, the defendant No.1 (Smt. Kaushalya Sikri) has become the absolute and exclusive owner of the suit properties. It is further stated in paragraph 6 of the plaint that after the death of late Sh. Vilayati Ram Sikri, as per law of succession, his estate has devolved upon the plaintiffs and the defendants, namely, defendant Nos. 1 to 5 in equal shares.