KAILASH MUNDRA Vs. RINKU MUNDRA

JUDGEMENT

(1.) The petitioner is aggrieved by order dtd. 13/1/2023 passed in Civil Suit No. 91/2022 whereby, the Learned Trial Judge has dismissed the prayer of the petitioner to reject the plaint under Order VII Rule 11 CPC. A brief fact of the case is that one Ram Das Mundra had one son and two daughters. The two daughters are plaintiffs in the aforesaid suit against the petitioner, who is son of Late Ram Das Mundra.

(2.) Ram Das Mundra and his widow sister Kishani Bai had purchased two shops through registered sale deed dtd. 22/8/1972. Later on, Kishani Bai executed a Will on 19/3/1973 in favour of the petitioner Kailash Mundra in respect of one of shops and Ram Das Mundra was a witness of that Will. Kishani Bai died in the year 1983.

(3.) Ram Das Mundra executed a Will in favour of his wife Pushpa in respect of another shop on 2/2/2012. Pushpa executed a Will in favour of her daughters who are plaintiffs of the suit, on 13/7/2018. The plaintiffs filed suit for ejectment against the petitioner for recovery of possession from one room along with attached bathroom and a kitchen on the upper floor as well as for mense profit. The plaintiffs asserted that their father Ram Das Mundra had made construction on the upper floor of the shops in the year 1980, the petitioner was in permissive possession of the upper floor though he had no right/ title over the said portion. Plaintiffs have admitted that one of the shops was in possession of the defendant/petitioner and Bhansali Jewelers was tenant of the petitioner in shop no. 1 and shop no. 2 was of the plaintiffs by virtue of Will executed by their mother Pushpa Mundra.