CS(OS) 1439/2015 Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 22^nd September, 2022

Judgment Delivered on: 13^th October, 2022

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CS(OS) 1439/2015

AMITESHWAR SINGH

..... Plaintiff

Through:

Mr.

Akshay

Makhija,

Senior

Advocate with Mr. Saurabh Seth,

Advocate.

versus

KAMAL NAIN & ANR

..... Defendants

Through:

Ms. Deepika V. Marwaha, Senior

Advocate with Ms. Worthing Kasar,

Mr. Alok Pandey and Ms. Raunika

Johar, Advocates for defendant No.1.

Mr. Anuj Malhotra, Advocate for

defendant No.2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

I.A. 5693/2017 (O-VII R-11 of CPC)

1.

By way of this judgment, I shall decide the application filed on behalf

of the defendant no.1 under Order VII Rule 11 of the Civil Procedure Code,

1908 (CPC) seeking rejection of plaint.

2.

The present suit was filed on behalf of the plaintiff seeking partition

and permanent injunction in respect of property bearing no.64 B, Sainik

Farms, New Delhi (hereinafter referred to as „suit property‟).

3.

Summons in the suit were issued on 19^th May, 2015 and the parties

were directed the maintain status quo in respect of the suit property vide the

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CS(OS) 1439/2015 Page 2 of 13

same order. On 5^th September, 2016 issues in the suit were framed and the

interim order was confirmed.

4.

Subsequently, the present application under Order VII Rule 11 of the

CPC, was filed on behalf of the defendant no.1. Notice in the application

was issued on 11^th May, 2017 and reply has been filed by the plaintiff.

5.

The pleadings in the plaint insofar as are relevant for deciding of the

present application are set out below:

i.

Plaintiff is the son of late Shri Surinder Singh Chowdhary and late

Smt. Punit Kaur. The Defendants are the elder sisters of the plaintiff.

ii.

Shri Surinder Singh Chowdhary expired on 3^rd November, 2013 and

subsequently, Smt. Punit Kaur expired on 5^th February, 2014 leaving

behind plaintiff and the defendants as the sole surviving legal heirs.

iii.

Late Shri Surinder Singh Chowdhary was the Karta of Surinder Singh

Chowdhary HUF (hereinafter „HUF‟), which owned shares in one M/s

Anjala Exhibitors Private Limited. The said shares were sold in the

year 1988 and the proceeds thereof were invested in HUDCO Tax

Saving Bonds.

iv.

The aforesaid bonds were subsequently redeemed on 21^st June, 1991

and amounts thereof were received in the account of the HUF.

v.

The plaintiff along with the plaint has filed letter dated 20^th June,

1988 issued by the Assistance Finance Officer, HUDCO confirming

the redemption and Income Tax Assessment orders in respect of the

aforesaid bonds.

vi.

In early 1992, late Shri Surinder Singh Chowdhary, as Karta of the

HUF purchased the suit property from the funds of the HUF received

upon the redemption of the aforesaid bonds. The sale deed dated 18^th

August 1992 was executed in the name of late Shri Surinder Singh

Chowdhary as the Karta of the HUF for the benefit of other

coparceners.

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CS(OS) 1439/2015 Page 3 of 13

vii.

The suit property was let out by late Shri Surinder Singh Chowdhary

to various tenants and the rents received therefrom were deposited in

the HUF accounts. Reliance is placed on the TDS certificates filed by

the tenants to show that TDS was being deposited in the name of the

HUF.

viii.

Late Shri Surinder Singh Chowdhary executed a Will dated 15^th May,

2007 bequeathing the entire suit property to the defendants in equal

proportion. The plaintiff c