LAWS(RAJ)-2016-6-90

AJAY KUMAR GUPTA AND ORS. Vs. KHADAK SINGH AND ANR.

Decided On June 03, 2016
Ajay Kumar Gupta And Ors. Appellant
V/S
Khadak Singh And Anr. Respondents

JUDGEMENT

(1.) Defendant-petitioners filed this petition to quash and set aside order dated 28.1.2015 passed by Additional Civil Judge (JD) No. 4, Alwar and consequently to reject the applications of plaintiff-respondent No. 1 filed under Order 6, Rule 17 of C.P.C.

(2.) Brief Facts :-

(3.) Defendant-petitioners filed their written statement disclosing the fact of sale deeds and as to how Smt. Janak Gupta had go rights to make the sale. Petitioners also pleaded that Bihari Lai, Bhore Lal, Rampat and Chiranjee Lal had a son named Lakhmi Chand. After the death of Bihari Lal and Rampat, Shri Chiranjee Lal succeeded them as their real brother and became owner of the property. That is why relationship of land lord and tenant established between plaintiff and Chranjee Lal. It was also pleaded that Chiranjee Lal executed a will on dated 25.7.1994 in favour of Smt. Janak Gupta defendant-respondent herein, thus after the death of Chiranjee Lal, Smt. Janak Gupta became owner of the property. It is also pleaded that after execution of sale deeds, through registered notice Smt. Janak Gupta informed the plaintiff-respondent about the sale deeds and to pay the rent in future to the purchasers. Defendant-respondent No. 2 herein also filed her written statement almost with the same averments made by defendant-petitioners.