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2012 Supreme(Del) 273

MANMOHAN SINGH
HARSH GANDHI – Appellant
Versus
THAKAR DASS THAKKAR – Respondent


Advocates Appeared:
Mr. Arun Kumar Gupta, Adv.
Mr. Rajiv Bansal, Adv. with Mr. Rahul Bhandari & Ms. Swati Gupta, Advs. for D-5to D-8.

Judgment

MANMOHAN SINGH, J.


1. The present application for rejection of plaint under Order VII, Rule 11 read with Section 151 CPC, has been filed by defendants No.5 to 8 along with the written statement to the suit for possession, declaration and permanent injunction.

2. It is stated in the application that the plaintiff, who is claiming herself to be the adopted daughter of Late Shri Tulsi Dass has not challenged the transfer of membership by Late Shri Tulsi Dass in favour of defendant No.2 qua the suit property, but has only challenged the subsequent documents, i.e. General Power of Attorney, Will, Receipt and Agreement to Sell, all dated 26.06.1997 which are only confirmatory in nature. Further, Late Shri Tulsi Dass, who lived upto 15.09.2007, never during his lifetime, challenged the transfer of membership or the abovementioned subsequent documents. Therefore, the present suit is liable to be dismissed.

3. It is further stated that the present suit is not maintainable, because the defendants No.5 to 7 are the bonafide purchasers of the suit property from Shri Vikram Tandon vide sale deed dated 30.04.2011 and the defendant No.8, in respect of her share, is also a bonafide pu











































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