1999 (11) TMI 902

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.... has been prayed that the plaint calls for rejection. The suit has been filed for the partition and possession of B-6, Jangpura Extension, New Delhi-110014. It is asserted by the Plaintiff that she was the major contributory for the initial deposit of Rs. 2500/- and other investment made in the suit property in 1960. The parties are siblings, being the children of late Dr. Ram Krishan. It is claim....

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.... to whether the Plaintiff and Defendant No.2 have made contributions toward the suit property and/or that the Applicant has consecutively and exclusively paid the taxes pertaining thereto, these facts need not detain attention for the reasons that at this stage, only the plaint should alone be looked into, along with admitted documents. 3. The attack on the maintainability of the plaint is pred....

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....his section shall apply - (a) where the person in whose name the property is held is a coparcener in a Hindu Undivided Family and the property is held for the benefit of the coparceners in the family; (b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for....

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....s of Parshottam S. Shah. 7. An arguments was raised by the learned counsel for the Plaintiff that the title deeds of the property relate to 1972 and/or earlier and,therefore, the Act shall not preclude the filing of the suit in 1996. There is now a plethora of precedents to the effect that the Act would apply, on a construction of the explicit language of Section 4(1) of the Act, to every suit ....