* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:24^th January2025.

Pronounced on: 27th February 2025.

+ CS(OS) 298/2023 I.A. 9301/2023 I.A. 11469/2023 I.A. 11470/2023 DR JITENDER FOTEDAR .....Plaintiff Through: Mr. Balwant Singh Billowria and Mr.

Akshay Singh, Advocates.

versus RATAN RANI FOTEDAR & ORS. .....Defendants Through: Ms. Sonia A. Menon, Adv. for D-1 to 4.

Mr. Gopal Verma with Mr. Piyush Singh, Advocates for D-5.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

I.A. 11470/2023 (Application under Order VII Rule 11 CPC)

1. This application has been filed under Order VII Rule 11 (a)(c) of the Code of Civil Procedure,1908 (“CPC”), seeking rejection of the plaint. Plaintiff filed the suit against defendants seeking cancellation of the gift deed executed by the mother (defendant no.1) in favour of her son (defendant no.2).

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2. The crux of the case, as per plaintiff, is that defendant no.1 was not competent to execute the subject gift deed as she is suffering from ‘Dementia’

and ‘Alzheimer’s’.

3. Rejection of the plaint is sought on two grounds – (i) That proper ad valorem Court Fees have not been paid, and have been avoided by the plaintiff by claiming joint possession, which, as per plaint, is not borne out; (ii) That there is no cause of action since the allegation that defendant no.1 was medically incapacitated and suffering since 2015 was not substantiated by any medical document.

4. The suit seeks cancellation of registered gift deed dated 03^rd February 2023, executed by Smt. Rattan Rani Fotedar (defendant no.1) in favour of her son Sh. Arun Fotedar (defendant no.2), regarding property bearing no. B-67, Block -B , Pocket No.9 Sector 23, Dwarka Residential Scheme, Dwarka, New Delhi (“suit property”), which was purchased from Ms. Pooja Mehta Daughter of Sh. Jeth Mall Mehta vide registered sale deed dated 01^st September

2018.

5. Defendant No.1 has five children namely:

NAME	RELATION	PARTY
Girjadhar	Daughter	Defendant No.3
Rashmi Shali	Daughter	Defendant No.4

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Dr. Jitender Fotedar	Son	Plaintiff
Arun Fotedar	Son	Defendant No.2
Sanjay Fotedar	Son	Defendant No.5

6. The recital of the gift deed stated that it was executed by defendant no.1 in favour of defendant no.2 out of natural love and affection, and that defendant no.2 was fully looking after defendant no.1 and taking care of her needs.

7. Plaintiff however contends that the gift deed was silent as to why plaintiff and other siblings were left out of consideration, despite that Mr. Sanjay Fotedar (defendant no.5) and Dr. Jitender Fotedar (plaintiff) (who is a senior doctor at Medanta Hospital) were looking after the needs of defendant no.1.

8. Plaintiff alleged that at the time of the execution of the gift deed, defendant no.1 was aged about 86 years and was a serious patient of Alzheimer’s disease and Dementia, and other related ailments. She also suffered during COVID-19 in April 2021, with involvement of lungs, and her oxygen level dropped to as low as 78%. As no hospital beds were available during the pandemic, plaintiff started defendant no.1’s treatment at home, without caring about his own family. Defendant No.1 was admitted to Medanta Hospital in the last week of April, and after discharge, she developed post- COVID-19 complications, including hepatitis, pancreatitis, and heart failure, leading to her re-admission for three weeks, which was life-saving.

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9. Plaintiff, defendant nos.2-5 are children of defendant no.1 and Late Sh. Makhan Lal Fotedar, who was initially domiciled in Kashmir and migrated to Delhi around 1980. Plaintiff alleged that Late Makhan Lal Fotedar expired on 28^th September 2017. Plaintiff alleges that Late M.L. Fotedar purchased properties in the names of his wife and daughter from the family funds, in which plaintiff had su

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