KM.DEEPIKA RANI Vs. VINAY BANSAL

JUDGEMENT

(1.) The instant first appeal under Sec. 96, C.P.C. has been preferred by the plaintiff-appellant against the impugned judgment and decree dtd. 29/11/2016 passed by the Court of Ist Additional Civil Judge (Senior Division), Hapur in O.S. No. 155 of 2016, Km. Deepika Rani v. Vinay Bansal, whereby her declaratory suit for declaring that the alleged registered gift deed dtd. 3/9/2016, which was fraudulently got executed from her by the defendant, be declared null and void and also for restraining the defendant by a decree of permanent injunction from alienating the disputed property of the above gift deed and for interfering in her peaceful possession of the disputed property, has been rejected on an application under Order VII, Rule 11, C.P.C. of the defendant.

(2.) Factual matrix is that the plaintiff-appellant, Km. Deepika Rani and the defendant-respondent, Vinay Bansal are real sister and brother. The plaintiff filed O.S. No. 155 of 2016 in the trial court with the averments that her father, Mahaveer Prasad died in the year 2002, leaving behind his wife Smt. Chandrawati, daughters Smt. Sushma, Smt. Neeta Garg, Smt. Rama Singh, Km. Deepika(plaintiff), Smt. Priti Garg and son Vinay Bansal(defendant).

(3.) She further averred that the disputed house having municipal No. 18-15/992 and 992(1-9) is a two storeyed house in an area of 1200 sq. yard, in which, on the ground floor in an area of 125.46 sq. meter, five rooms and one stair case are constructed and on the first floor in an area of 125.46 sq. meter, five more rooms are constructed, the boundaries of which were mentioned at the end of the plaint, which was situated in Mohalla Sarai Chand Khan, Friganj Road, Hapur.