Jayant Nath, J.

1. This is an application filed by the defendant under Order 7 Rule 11 of the Code of Civil Procedure for dismissal of the suit. The plaintiff and defendant are brother and sister. The present suit is filed for partition, declaration and permanent injunction by the plaintiff who claims to be a co-owner of property No. E-134, Preet Vihar, Near Durga Mandir, Delhi-110092.

2. It is the contention of the plaintiff that the property was owned by her late father and mother. The father of the plaintiff and defendant died on 27th January, 1992 without leaving any Will. The mother of the parties died on 9th January, 2006. Hence it is contended that the said property was joint property and the plaintiff is a co-sharer.

3. The plaintiff further states that the defendant came to the residence of the plaintiff on 20.04.2010 and asked her to sign some papers for the transfer of the said property in the name of the defendant but the plaintiff refused to sign the papers. The plaintiff further admits that she had earlier filed a suit for permanent injunction in the Court of Senior Civil Judge, Karkardooma, Delhi on 15.05.2010. It is further stated that when the defendant app