DELHI HIGH COURT
V.K.SHALI
Ripu Daman Haryal – Appellant
Versus
Geeta Chopra – Respondent
JUDGMENT
V.K. Shali, J. This order shall dispose of an application bearing No. 4821/2009 filed by the defendants under Order VII Rule 11 CPC for rejection of the plaint.
2. Brief facts of the case are that the plaintiffs filed the present suit for declaration possession and injunction on 12.02.2009 which came up before the Court for the first time on 13.02.2009. It was alleged in the plaint that the plot bearing no. S-106, Panchsheel Park, New Delhi measuring 505.90 sq. yards was owned by one Late Shri Joginder Nath Bharadwaj. It was allotted to him for and on behalf of the President of India by the DDA by way of perpetual sub lease deed dated 18.12.1968. A copy of the lease deed has been filed on record and is admitted by the parties, which is marked as Ex.P-1. It has been alleged that Smt. Geeta Chopra is the widow of Late Shri Joginder Nath Bharadwaj and Rajesh Bharadwaj is the son. Both of them are defendant nos.1 and 2 respectively. It has been stated that the plaintiff no.1 and the defendants as well as Late Shri Joginder Nath Bharadwaj were known to each other as they were living in the same colony. They also used to meet at the Panchsheel Club of which they were members.
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