MRS JITENDER KAUR Vs. MRS SURINDER KAUR
LAWS(DLH)-2007-4-251
HIGH COURT OF DELHI
Decided on April 24,2007

MRS JITENDER KAUR Appellant
VERSUS
MRS SURINDER KAUR Respondents

JUDGEMENT

- (1.) By this application under Order VII Rule-11 read with Section 151 of the Code of Civil Procedure filed on behalf of the defendants No.1,3 and 4, it is prayed that the plaint be rejected as proper court fees has not been paid.
(2.) The factual matrix is as follows. The plaintiff has filed a suit for partition and permanent injunction against the defendant No.1 Smt.Surinder Kaur, who is the mother of the plaintiff and the defendants No.2,3 and 4, who are the sisters of the plaintiff. The case of the plaintiff is that she is not in possession of the property to be partitioned. Being a legal heir of Shri Daljit Singh (father of the plaintiff and husband of the defendant No.1), she is entitled to a decree of partition of the property left behind by him by metes and bounds and 1/5th partitioned share of the aforesaid property be allotted to her.
(3.) It is averred in the plaint that Sardar Sahib (Dr.) Bishan Singh, parental grand father of the plaintiff and defendants 2 to 4 owned and possessed property popularly known as 'Bishan Niwas', College Road, Civil Lines, Ludhiana. He died on 14.10.1971, leaving behind his registered last Will and testament dated 16.5.1968 which provided that 'Bishan Niwas' would devolve upon the heirs of Sardar Daljit Singh. Sardar Daljit Singh died intestate in the year 1985. According to the plaintiff, she being the legal heir of late Sardar Daljit Singh along with other defendants, acquired rights and interests in the aforesaid property at Ludhiana.;


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