KISHAN CHAND vs BHAGAT RAM

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:23.06.2025 + C.R.P. 146/2023 & CM APPL. 29713/2023 KISHAN CHAND .....Petitioner versus BHAGAT RAM .....Respondent Advocates who appeared in this case: For the Petitioner : Mr. Vikram Gujral, Ms. Akanksha Singh & Mr. Aryan Kalia, Advs. For the Respondent : Mr. Subhankar Sharma, Adv. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed under Section 115 of the Code of Civil Procedure, 1908 (‘CPC’) challenging the order dated 08.05.2023 (hereafter ‘the impugned order’) passed by the learned Additional District Judge (‘ADJ’), Saket Courts, New Delhi, in CS No. 505/2022. 2. By the impugned order, the learned Trial Court dismissed the application filed by the petitioner under Order VII Rule 11 of the CPC, seeking rejection of the plaint filed by the respondent, Bhagat Ram. 3. The brief facts of the case are as follows : Signature Not Verified Signed By:SHIKHA SEHGAL C.R.P. 146/2023 Page 1 of 14 Signing Date:25.06.2025 17:30:04 a. The suit was filed by the respondent/plaintiff, inter alia, seeking recovery of possession under Section 6 of the Specific Relief Act, 1963 (‘SRA’), along with reliefs of permanent and mandatory injunction and rendition of accounts in respect of property bearing No. 491, Hardevpuri, Gautam Nagar, New Delhi-110049 (hereafter ‘the suit property’). b. It is the case of the respondent that the suit property was originally owned by his father, Late Shri Prithi Singh, who allegedly executed a Will dated 12.05.1982 bequeathing the entire property to his wife Smt. Khimo Devi for life. Thereafter, vide Will dated 14.05.1985, she bequeathed the property to the plaintiff. Upon her death in 1999, the plaintiff claims to have become the sole and absolute owner of the suit p