JUDGMENT

1. This C.R.P. is filed by the petitioners / defendants 1 and 2 challenged the order dtd. 3/2/2023 in I.A.No.325/2016 in O.S.No.62/2016 passed by the learned XI Additional District Judge, Visakhapatnam, dismissing the petition filed by the petitioners under Order VII Rule 11 r/w 151 CPC to reject the plaint.

2. The facts are briefly thus:

(a) The 1st respondent / plaintiff filed O.S.No.62/2016 pleading that his mother was the original owner of the site purchased under a registered Sale Deed dtd. 26/8/1980 and later she gifted to plaintiff under a registered Gift Deed dtd. 7/10/1985 and thereafter the plaintiff having obtained approval of plan from GVMC and constructed a RCC building with his own amount, which is the plaint schedule property.

(b) The plaintiff on account of his employment resides in Australia along with his family members. While his mother used to stay in the said building by letting out one portion to tenants, the 3rd defendant used to stay in one portion as tenant by running the office of 1st defendant which is a religious organization. Out of faith in Christianity, the plaintiff's mother believed the defendants and allowed them to stay in one portion on a