MANMOHAN SINGH, J. - (1.) BY this order, I shall dispose of the two applications being IA No. 4874/2007 filed by the plaintiff under Order 12 Rule 6 read with Order 20 Rule 18 and Section 151 CPC and IA No.14836/2007 filed by the defendant under Order 7 Rule 11 CPC.
(2.) THE brief facts as per the plaint are that the plaintiff and defendant are real brothers and sons of late Shri Mohan Lal Puri and late Smt.Kaushalya Devi. They are the co -owners in equal proportion of the suit property i.e. 50% each of the property consisting of a plot measuring 518.180 sq.yds. and a residential house built thereon bearing municipal No.S -164, Panchshila Park, New Delhi. By a perpetual sub lease deed dated 18.06.1969 executed between the President of India, Panchshila Cooperative House Building Society Limited on one hand and the plaintiff and the defendant, on the other, a perpetual sub lease was granted in favour of both the plaintiff and the defendant with respect to the said property.
(3.) THE Society vide their letter dated 07.02.2006 has also certified that the plaintiff is a member of the aforesaid Society and one of the owners of the said plot. It is also averred in the plaint that the plaintiff and the defendant jointly applied for permission to construct on the said plot and got the building plans sanctioned from M.C.D. on 09.02.1973.;