VIPIN SANGHI
Sarabjit Singh Anand – Appellant
Versus
Manjit Singh Anand – Respondent
Vipin Sanghi, J.
1. By this order I propose to dispose of the above application filed on behalf of defendant No. 1 under Order 7 Rule 11 read with Section 151 CPC seeking rejection of the plaint. The Plaintiff has filed the suit seeking the relief of partition of the suit property and for a decree of injunction against defendant No. 1 restraining the said defendant from alienating or creating third party interest in the suit property.
2. The broad facts which have been pleaded in the plaint or can be otherwise culled out from the documents filed are that the Plaintiffs (excluding Plaintiff No. 3) and the defendants are all sons and daughters of Late S. Sucha Singh Anand, albeit, from different wives. Plaintiff No. 3 is the third wife of Late S. Sucha Singh Anand. Plaintiff No. 1 and 2 and defendants No. 2 and 5 are born from Plaintiff No.
3. Defendant No. 1, 3, 4, 6 and 7 are the children of the second wife of Late S. Sucha Singh Anand. There were no issues from the first wife.
3. Late S. Sucha Singh Anand and Plaintiff No. 3 had from their own income and funds purchased the lease hold rights in the property and premises bearing No. 6, Cavalry Lines, Mall Road, Delhi-11000
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Babu Misar Ahmed Khan v. Baba Raja Mohan Manocha & Ors. AIR 1940 PC 204
Bhavnagar University v. Palitana Sugar Mill Pvt. Ltd. AIR 2003 SC 511
Canbank Financial Services Ltd. v. Custodian AIR 2004 SC 5123
Gopi Eswariah v. Commissioner of Gift Tax
Mailesappa Bandippa Desai & Anr. v. Desai Mallappa alias Mallesappa & Anr. AIR 1961 SC 1268
Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370
R. Rajagopal Reddy dead by LRs v. C. Padmini Chadrasekharan dead by LRs (1995) 2 SCC 630
Ramti Devi v. Union of india (1995) 1 SCC 198
S.M. Wahi & Ors. v. Ms. Reeta Wahi 2006 V AD (Del) 109 : 2006 (90) DRJ 616
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