SARABJIT SINGH ANAND Vs. MANJIT SINGH ANAND

JUDGEMENT

(1.) BY this order I propose to dispose of the above application filed on behalf of defendant No. 1 under Order 7 Rule 11 read with section 151 CPC seeking rejection of the plaint. The Plaintiff has filed the suit seeking the relief of partition of the suit property and for a decree of injunction against defendant No. 1 restraining the said defendant from alienating or creating third party interest in the suit property.

(2.) THE broad facts which have been pleaded in the plaint or can be otherwise culled out from the documents filed are that the Plaintiffs (excluding Plaintiff No. 3) and the defendants are all sons and daughters of late S. Sucha Singh Anand, albeit, from different wives. Plaintiff No. 3 is the third wife of Late S. Sucha Singh Anand. Plaintiff No. 1 and 2 and defendants No. 2 and 5 are born from Plaintiff No. 3. Defendant No. 1, 3, 4, 6 and 7 are the children of the second wife of Late S. Sucha Singh Anand. There were no issues from the first wife.

(3.) LATE S. Sucha Singh Anand and Plaintiff No. 3 had from their own income and funds purchased the lease hold rights in the property and premises bearing No. 6, Cavalry Lines, Mall Road, Delhi-110007 for the residence of all their family members. The entire sale consideration amounting to Rs. 2,05,000/- flowed from Late S. Sucha Singh Anand and the plaintiff No. 3. The said property was purchased by the aforesaid persons as a joint family property and Conveyance Deed dated 1. 11. 1961 was executed in the name of defendant No. 1.