IMPORTANT POINT
The court ruled that the plaintiffs had knowledge of the sale deed in 2014, making their 2019 suit barred by limitation.

ORDER :

(B.S. Bhanumathi, J.)

This revision petition is filed under Article 227 of the Constitution of India by the petitioners/defendants challenging the order dated 09.05.2022, dismissing the petition in I.A.No.197 of 2020 in O.S. No.88 of 2019 on the file of the Court of the Junior Civil Judge, Railway Kodur, filed under Order VII Rule 11(a)(d) and Section 151 CPC to reject the plaint.

2. The petitioners herein are defendants 1 & 2 who filed I.A.No.197 of 2020. The respondents No.1 to 3 herein are the plaintiffs who filed the suit for declaration that the registered sale deed bearing No.906 of 2010, dated 21.08.2010, of the Sub-Registrar Office, Chitvel, as null and void and to grant permanent injunction restraining the defendants 1 to 3, their men, agents, assignees, followers etc., in any way interfering with the peaceful possession and enjoyment of the plaintiffs 1 to 3 over the plaint A, B and C schedule properties. The suit was filed against five (5) defendants. The Revenue Divisional Officer, Rajampeta Division, YSR Kadapa District is the 4th defendant. The Tahsildar, Obulavaripalli Mandal, YSR Kadapa District is the 5th defendant. The plaintiffs sought costs against all the defendants 1 to 5.

3. The case of the plaintiffs is briefly as follows:

The plaint A, B and C schedule mentioned properties are self-acquired properties of Sagaraju Ramachandra Raju, father of plaintiff No.3 and grandfather of plaintiff No.2 and father-in-law of plaintiff No.1 herein. He died intestate in the year 1987 leaving behind him the father of the plaintiff No.2 and the plaintiff No.3 to succeed to his entire estate. Subbaraghava Raju executed a registered sale deed on 21.08.2010 and put the 1st defendant in possession of the property. Subsequent to death of Subbaraghava Raju, the plaintiffs entered into a registered partition deed, dated 17.05.2019 and sought the relief of permanent injunction. The plaintiffs have no knowledge about the debt, alleged sale deed 21.08.2010 and re-conveyance deed and Crime No.2 of 2014 of Chitvel police station during the lifetime of Subbaraghava Raju and subsequent to the death of Subbaraghava Raju, the plaintiffs came to know about the fraud played by the defendants 1 and 2 and as such the question of limitation does not arise. The suit is within limitation period and that the limitation starts from the date of their knowledge of the sale deed, i.e., 17.08.2018.

4. The petitioners/defendants filed I.A.No.197 of 2020 alleging briefly as follows:

In order to seek the relief of cancellation of the sale deed, there must be a substantial cause which is legally binding. But, there is no pleading in the entire plaint stating the reasons to cancel the registered sale deed and thus, there is no cause of action to file the suit. Further, the suit is barred by limitation as the relief of cancellation of registered sale deed is governed by Articles 58 & 59 of Schedule annexed to the Limitation Act as per which the period is three years from the date when it became known to the plaintiff about execution of the registered sale deed whereas in the plaint itself, it is pleaded that the police registered a case in crime No.2 of 2014 against plaintiffs 1 to 3 on 08.01.2014 in Chitvel P.S under Sections 323, 341 r/w 34 IPC and Section 3(1)(x) of SC/ST (POA) Act, 1989 and later the charge sheet was filed which was registered as P.R.C.No.20 of 2015. Thus, the plaintiffs 1 to 3 have clear knowledge of the sale transaction, dated 21.08.2010, by then and whereas the suit was filed in the year 2019 whereby it was filed beyond three years from the date of the knowledge in the year 2014 itself. However, the plaint was cleverly drafted to show an illusion of a non-existing cause of action with regard to the alleged re-conveyance deed. Even if the alleged re-conveyance deed exists, the relief is otherwise and the reliefs claimed in the suit are not maintainable. Moreover, the schedule of the property mentioned in the registered deed, dated