RENU CHHABRA Vs. MCD

JUDGEMENT

(1.) COUNSEL for the parties were heard at the stage of framing issues.

(2.) THE plaintiffs are sons of late Shri H. P. Rajpal. According to the suit averments, the said Late Shri Rajpal was owner of property being no. 24/1, West Patel Nagar, New Delhi (hereafter referred to as "the suit property"), which was purchased through a registered sale deed on 5. 3. 1973. It is averred that the said Late Shri Rajpal continued to manage the property as his own, since it was his self-acquired asset, till his death on 12. 9. 2004 The plaintiff No. 2 alleges having maintained and looked after the property since 12. 3. 2001 as the legally constituted Attorney of his father. The owner/plaintiff"s father died on 12. 9. 2004

(3.) THE plaintiffs aver to a pending suit, i. e. 1573/1990 being filed by the defendant No. 7 (renumbered as suit No. 243/2004), pending before the court of Shri Mahavir Singhal, Ld. Additional District Judge, Tis Hazari Courts, delhi. That suit was filed against the plaintiff"s father, seeking specific performance of an agreement concerning in respect of the same suit property. The plaintiff in that suit alleged existence of an Agreement to Sell dated 5. 9. 1984. The plaintiffs further aver that they had moved the Court under Order 1 Rule 10 CPC before the Additional District Judge for deletion of names of defendants No. 2 to 6 in those proceedings; they were along with the plaintiffs impleaded as the legal representatives of the deceased Shri Rajpal. However, that application was dismissed and the suit is pending adjudication.