ASHOK KINGER Vs. PRADEEP KINGER

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 20/10/2015 passed by Civil Judge (Junior Division), Chandigarh vide which application under Order 7 Rule 11 read with Sec. 151 CPC filed by defendant No.1 for rejection of plaint was allowed.

(2.) Plaintiff filed a suit for declaration to the effect that the plaintiff and defendants No.1 to 3 be declared as joint owners in possession of House No.297, Sector-21-A, Chandigarh to the extent of 1/4th share each. Directions were sought against defendant No.4 to transfer the property in favour of the plaintiff and defendants No.1 to 3 in equal share. Suit for partition by way of possession by metes and bounds was claimed and it was also sought that in case, partition is not possible by metes and bounds, then the property be put to auction between the co- sharers and then in open auction and thereafter, sale proceeds be divided equally amongst the plaintiff and defendants No.1 to 3. Suit for recovery of Rs.2,18,750.00 on account of use and occupation charges @ Rs.6250.00 per month qua share of the plaintiff w.e.f 8/7/2012 to 7/7/2015 was claimed as defendant No.1 was in possession of entire house in question. Permanent injunction was also sought, restraining defendants No.1 and 2 to alienate the property in question in any manner.

(3.) Plaintiff has also pleaded in the plaint that he does not want to remain in joint possession with defendants No.1 to 3. Pleadings made in para Nos.5 and 6 of the plaint are to the following effect:-