JUDGMENT :

MUKTA GUPTA, J.

I.A. 14245/2018 (u/O VII R 11 CPC on behalf of Defendant No.1 seeking dismissal of the plaint)

1. By this application under Order VII Rule 11 CPC defendants seeks rejection of the plaint.

2. Case of the plaintiff is that he is the owner of the property bearing No. F-9, Kalkaji, New Delhi (in short suit property) which initially belonged to one K.L. Luthra who passed away on 10th March 1966 and was survived by his widow Smt. Karmawali and mother Smt. Ishwar Devi, who became the joint owners of 50% share in the suit property being the two class-I legal heirs. Smt. Ishwar Devi vide her last Will and testament dated 24th November 1968 bequeathed all her rights in favor of her son B.R. Luthra. She passed away on 27th January 1971 and as per the Will her 50% share bequeathed upon B.R. Luthra. After the death of Smt. Karmawali on 11th December 1997, B.R. Luthra claimed to be the sole owner of the suit property. Consequently, B.R. Luthra and plaintiff entered into various documents inter alia an Agreement to Sell dated 2nd July 2007, last Will and testament dated 9th October 2007, Memorandum of Understanding dated 9th October 2007, General Power of Attorney dated 9th