SUNITA GUPTA Vs. PREM GUPTA

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiffs under Sec. 96 CPC against the impugned judgment and decree dtd. 10/7/2025 passed by the Additional District Judge, Court no. 11,Agra in O.S.no. 59 of 2025, Smt.Sunita Gupta and another vs. Smt.Prem Gupta and others, whereby the application no. 27-C of defendant no.1 and 2 under Order VII Rule 11 CPC has been allowed and consequently, the plaint has been rejected.

(2.) The plaintiffs who are the daughter and son of defendant no.1 Smt. Prem Gupta and sibling of defendant no. 2 Smt.Anju Gupta filed O.S. No. 59 of 2025 with the averments that plaintiffs and defendant no.1 and 2 are the members of the HUF who are originally resident of Mahavir Ganj,Aligarh. There was an ancestral house of their grandfather late Babulal Gupta , who was having a business of Aadat. Their father Omprakash Gupta left Aligarh and joined service as Senior Asst. in the office of the Joint Development Commissioner(JDC) Agra much prior to 1955 and thereafter, married defendant no.1 in or about 1955 who was very poor,hand to mouth person and was totally dependent upon their father. It was further submitted that their grandfather Babulal Gupta also winded up his business from Aligarh and distributed the money to their sons.

(3.) It was further averred that after the marriage of defendant no.1 with their father Omprakash Gupta, their father purchased disputed suit properties, which are mentioned at the foot of the plaint, from the fund of the HUF in the name of his wife defendant no.1 Smt.Prem Gupta, in love and affection and in trust for the benefit of himself and all his family members from Smt.Munni Devi through registered sale deed dtd. 11/4/1966 which was subsequently registered in the office of sub-registrar Agra on 9/6/1966, hence the property in suit is HUF property, in which the plaintiffs and defendant no.1 and 2 have equal share.