REENA JAIN Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) Present Civil Revision under Sec. 115 of CPC arising out of the order dtd. 26/2/2019 passed by 4th Civil Judge, Class-I, Gwalior in Civil Suit No. 840-A/2017 whereby, application under Order 7 rule 11 r/w 151 of CPC has been rejected.

(2.) The facts in short giving rise to the present revision are that the respondents No. 1 to 5/plaintiffs have instituted a suit for declaration of title and permanent injunction against the petitioner/defendant No.1 and respondent No. 6/defendant No.2.

(3.) As per plaint pleadings the property was purchased benami vide registered sale deed by Shri Basant Lal jain as karta of the joint Hindu Family in the name of Suresh Chand jain on 18/9/1980. The plot was purchased and got constructed by Shri Basant Lal jain from the joint income of the family and since then, the plaintiffs and the defendants are residing in the property together. Basant Lal jain executed a Will on 10/12/1983, wherein the property is shown as joint family property. After death of Basant Lal, Suresh Kumar became karta of joint family and continued the business of ''Bajrang Trading Company''. Thereafter Suresh Kumar died On 30/10/2017 and after his death, Vinod kumar looked after the business. It was further pleaded that without partition, the defendants No. 1 and 2 are trying to sell the disputed property. Thus the present suit is filed for declaration of title and permanent injunction.