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2022 Supreme(Del) 755

AMIT BANSAL
Indu Rani @ Indu Rathi – Appellant
Versus
Pushpa – Respondent


Advocates Appeared:
For the Plaintiff : Ms. Kajal Chandra, Ms. Prerna Chopra, Mr. Divye Puri and Ms. Sakshi Anand.
For the Defendants : Mr. Madan Lal Sharma and Ms.Tejaswini Verma, Mr. A.K. Sen, Mr. S.S. Rana, Ms.Vandana Khurana.

JUDGMENT :

[Amit Bansal, J.]

I.A. 12065/2020 (of defendant no.2 under O-VII R-11 of CPC) and I.A. 1647/2021 (of the defendant no.1 under O-VII R-11 of CPC)

1. By way of this judgment, I shall decide the applications filed on behalf of the defendant no.1 and the defendant no.2 under Order VII Rule 11 of the Civil Procedure Code, 1908 (CPC) seeking rejection of plaint.

PLEADINGS IN THE PLAINT

2. The pleadings in the plaint relevant for deciding the present applications are set out hereinafter:

I. Plaintiff’s father, late Shri Ram Gopal was the owner/Bhumidar of the land measuring 41 bighas and 9 biswas bearing Khasras no.20/6/1 (4-14), 20/20 (4-16), 21 (4-16), 32/1 (4-9), 10 (4-12), 4 (4-9), 5 (4-12), 6 (4-11), 7 (4-9), 26 (0-1), in the revenue estate of Village Iradat Nagar, Naya Bans, Delhi-110082 (‘suit land’), which was an ancestral land.

II. Plaintiff’s father died intestate on 7th March, 1993 leaving behind his wife and three children, the plaintiff and her two brothers, late Shri Priyavarat Mann and Raghuvinder Mann.

III. Shri Priyavarat Mann expired on 27th November, 2015. Defendant no.1 is his wife and defendants no.5, 6 and 7 are his children. Defendant no.4, Raghuvinder Mann

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