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2010 Supreme(Del) 231

MANMOHAN SINGH
ANIL SINGH – Appellant
Versus
M. L. AHUJA – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Advocate with Mr. A. Chaturvedi, Mr. Sindhu Sinha & Mr. Nikhil Bhalla, Advocates.
Ravinder Sethi, Sr. Advocate with Ms. Mamta Mehra, Ms. Anupama Beniwal & Mr. Rajiv, Advocates for Defendant Nos. 2 to 4.

JUDGMENT

MANMOHAN SINGH, J.

1. By this order I propose to dispose of I.A. No. 1097/1999 filed by Defendant Nos. 2 to 4 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the „CPC?) for rejection of plaint. The three Plaintiffs i.e. Sh. Anil Singh S/o. Late Sh. C.P. Singh, Smt. Vimla Singh W/o. Late Sh. C.P. Singh and Smt. Rita Chaudhrie D/o. Late Sh. C.P. Singh filed the present suit for declaration and permanent injunction seeking the following reliefs:

“i. Declare the Plaintiffs as the legal heirs of late Shri C.P. Singh and the legal owner and beneficiary of the leasehold rights relating to the suit property and in terms of Annexures 1 and II hereto and no other person and in particular, the Defendant Nos. 1 to 5 cannot claim any right adverse and contrary to the rights of the Plaintiffs and the Plaintiffs alone are entitled to the Suit property and consequential relief of possession of suit property bearing no.124, Janpath, New Delhi in favour of Plaintiffs and against the Defendants; ii. Declare that the perpetual lease dated 5.8.1957 executed by Defendant No. 5 in favour of Defendant No. 4 is illegal and void and that it does not con












































































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