Manmohan Singh, J.

1. By this common order, I propose to decide two applications under Order VII Rule 11 CPC, being I.A. No. 13610/2010 in CS(OS) No. 2491/2009 and I.A. No. 9402/2010 in CS(OS) No. 163/2010, for rejection of plaints. As the points involved in both the matters are same, thus the common order is being passed.

2. The plaintiffs in both the matters have filed the suits for declaration, partition, rendition of accounts, perpetual and mandatory injunction, who are seeking the following reliefs:

Prayers in CS(OS) No. 2491/2009 & 163/2010

(a)

To pass a decree of declaration simplicitor thereby declaring that the judgment/ decree /declaration dated 15.1.1976 passed in Suit No. 12/75 (titled as Shri Sailendra Nath Basu and Ors. v. Shri Birendra Nath Basu and others) passed by Shri H.K.S. Malik, Addl. District Judge, Delhi, null and void and nonest qua the plaintiffs and defendant No. 10 herein;

(b)

pass a preliminary decree of partition of the suit property to the extent of the l/8th share of the plaintiffs and defendants No. 10 herein and their, inter-se, shares as to be determined by this Hon'ble Court and thereafter pass a final decree after appointing Local Commission for partitioning the suit property by metes and bound in the ratio of the respective shares of the plaintiffs No. 1 to 4 and defendant No. 10 herein;

(c)

pass a decree of rendition of accounts thereby directing the defendants 1 to 7 to render the accounts in respect of the income /rent being received by the defendants 1 to 7 from the suit property bearing No. B-4/66, Safdarjung Enclave, New Delhi, with effect from the date of expiry of Smt. Nirodh Bala Basu or with effect from any date which this Hon'ble Court legally deem fit and proper till uptodate of filing of the same in favour of the plaintiffs and defendant No. 10 herein and directing the defendants No. 1 to 7 to share the same with the plaintiffs and defendant No. 10 herein;

(d)

pass a decree of perpetual injunction against the defendants No. 1 to 7 and 9, thereby restraining them, their agents, servants, attorneys or any one claiming under them from transferring, alienating or in any manner dealing with the suit property Bearing No. B-4/66, Safdarjung Enclave, New Delhi;

(e)

pass a decree of mandatory injunction thereby directing the defendant N0.8-DDA, a statutory authority, to revoke and cancel the lease-deed in respect of the suit property No. B-4/66, Safdarjung Enclave, New Delhi, and re-register the same in the name of the rightful owners of the suit property including the plaintiffs and defendant No. 10 herein;

(f)

to award costs of the suit in favour of the plaintiff and against the defendants."

3. The matters pertain to a property in question situated at Plot 66, Block B- 4/66, Safdurjung Residential Area. The plot admeasures about 401.83 sq yards. The suit property in question was owned by Sri Lalit Kumar Basu. After the demise of Sri Lalit Kumar Basu the property devolved on his wife Smt. Nirod Bala Basu and his four sons and 4 daughters.

4. The plaintiffs in both matters alleged that some mischief and fraud has been played by the Defendants. A suit was filed by Sri Sailendra Nath Basu, Sri Bhawani Shankar Basu and Sri Bhupendra Nath Basu, bearing Suit No. 12 of 1975. The suit was decreed as prayed for and declared Shailendra Nath Basu, Bhawani Shankar Basu and Birendra Nath Basu as joint owner of the suit property on basis of the Will dated 1.2.1971.

5. In the year 1975 and thus a decree dated 15.1.1976 was passed in their favour. The plaintiffs allege that the defendants by use of coercive and wrongful methods have defrauded the plaintiffs by obtaining the false and fabricated copy of a Will. Hence the plaintiffs have filed the suits for declaration before this Court.

6. Cause of action in CS(OS) No. 2491/2009

The cause of action for filing the suit arose in the first week of November, 2009 when the plaintiff No. 1 got an information that the suit property is being demolished and it further arose on 7.