IMPORTANT POINTS
(1) Plaint which is vexatious, illusory cause of action and barred by limitation, ought to be rejected in exercise of powers under Order VII Rule 11(a) and (d) of CPC.
(2) Rejection of plaint – While deciding application under Order VII Rule 11 of CPC, mainly averments in plaint only are required to be considered and not averments in written statement.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Andhra Pradesh at Amaravati in Revision Petition (CRP) No. 179/2021, by which, the High Court has dismissed the said revision petition and has affirmed the order passed by the learned Trial Court dismissing/rejecting the application submitted by the appellants herein – original defendant Nos. 9 & 10 under Order VII Rule XI of CPC, the original defendant Nos. 9 & 10 have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under: -

2.1 That one Nasyam Jamal Saheb was the owner of 4 acres 16 cents of land in Survey No. 700/A7B and Survey No. 706/A9 of Nandyal Town and Mandal, Kurnool District, Andhra Pradesh, and several other properties. After the demise of Nasyam Jamal Saheb, his five children namely, 1) Nasyam Jafar Saheb; 2) Nasyam Dasthagiri Saheb; 3) Nasyam Ibrahim Saheb; 4) Sarambee; and 5) Jainabee got partitioned the properties of their father (including 4 acres 16 cents) under a registered partition deed dated 11.03.1953. The predecessor in interest of plaintiffs N. Ibrahim Saheb got 1 acre and predecessor in interest of vendors of the appellants herein Sarambee got 1 acre 16 cents. That thereafter, Sarambee being the absolute owner of 1 acre 16 cents in Survey No. 706/A9 executed a registered gift deed dated 24.01.1968 in favour of her eldest daughter Kareembee (mother of vendors of appellants herein) to an extent of lands measuring 58 cents. That Sarambee vide another gift dated 24.01.1968 gifted the remaining 58 cents in Survey No. 706/A9 to her other daughter Ashabee and her two sons Khasimsa and Abdul Rajak. That thereafter, in the year 2003, three sons of Ashabee further partitioned the land measuring 58 cents. Each of the sons got 19.33 cents of land each. Similarly, after the death of Kareembee, her three sons effected an oral partition amongst themselves. Two sons of Kareembee – Khatif Khaja Hussain and Khatif Noor Ahammed sold the land in Survey No. 706/A9 to an extent of 58 cents vide two registered sale deeds dated 24.08.2010 in favour of the appellants for a valid sale consideration of Rs.14,52,000/- and Rs.13,56,000/-, respectively. The possession of the said land was handed over to the appellants and they developed the land.

2.2 It appears that thereafter, children of Khatis Khader Basha (third son of Kareembee) filed O.S. No. 39/2011 before the III Additional District Judge, Kurnool at Nandyal against other two sons of Kareembee and the appellants seeking partition and separate possession of their share in the property sold to the appellants herein. The said suit came to be referred to Lok Adalat and was settled after the appellants herein paid Rs.14,00,000/- to the plaintiffs therein.

2.3 It appears that thereafter in the year 2013 Nandyal Municipality in a bid to lay an 80 feet wide master plan road proposed to widen a 30 feet road to 80 feet. In the said road widening programme, the land of appellants to an extent of 3.5 cents was affected. The appellants executed a registered gift deed in favour of Nandyal Municipality for an extent of 3.5 cents of land vide document No. 2474/2013. The Municipality thereafter awarded transferable development right to the appellants herein to an extent of 283.24 sq. meters. That thereafter, in the year 2014, respondent Nos. 1 to 8 herein – original plaintiffs instituted O.S. No. 35/2014 and prayed for following reliefs: -

(a) For declaring the title of the plaintiffs to the suit property within the boundaries mentioned in the plaint schedule which is in survey No.700/A7B and 706/A9 of Abdulla Khan Thota Nandyal Municipal Limits and for consequential permanent injunction restraining the defendants their men agents successors in interest and anybody on their behalf from trespassing into the suit property or from dispossessing the plaintiffs from the suit property in any manner what-so-ever,

(b) Suit for relie