JUDGMENT

Yogesh Khanna, J.

I.A. 9426/2017

1. This application is moved on behalf of defendants No.1, 3, 4 and 5 under Order 7 Rule 11 Civil Procedure Code (herein after referred as `CPC') seeking rejection of plaint.

2. The main plea taken by the defendants is the plaintiff has filed a suit for possession for 2584 square yards approximately falling in Khasra No.1/127, Chauhan Bangar, Delhi-110053 (hereinafter referred as the `suit property') and despite the defendants having raised an objection qua the ownership of the plaintiffs in the subject property prior to filling suit, the plaintiffs ought to have filed a suit for declaration declaring them to be the owners of the subject property rather than filing this suit for possession and injunction. It is submitted the plaintiff had filed a suit in District Courts against the defendants claiming to be the legally wedded wife of late Shri Shyam Sunder Goyal and prayed for opening of a locker. The locker was operated and inventory of the documents lying therein was prepared. As per the said inventory, the ownership documents of late Shri Shyam Sunder Goyal, to the extent of 1345 square yards only, were found available and the plaint