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NEENA BANSAL KRISHNA
Devender – Appellant
Versus
Savita Jindal – Respondent
JUDGMENT
Neena Bansal Krishna, J.
I.A.13229/2010 (under Order 7 Rule 11 read with Section 151 CPC on behalf of defendant No.8 seeking Rejection of Plaint) & I.A.17219/2010 (under Order 7 Rule 11 read with Section 151 CPC on behalf of defendant No.18 for Rejection of Plaint)
1. The defendant No.8 Shri Ramesh Chandra Aggarwal and defendant No.18 Shri Shyam Sunder Kanoria in their respective applications have sought for rejection of plaint under Order 7 Rule 11, CPC.
2. It is submitted in the applications that the plaintiff has filed a suit for Declaration, Cancellation of Documents and Injunction. The respective defendants have already filed their detailed Written Statement on record. The defendant No.8 has alleged that the plaintiff has filed the present Suit after fifteen years of the sale of the suit property to defendant No.8 on the ground that the suit land is ancestral and the respective fathers of the defendants had no right to sell the same.
3. It is submitted that in the similarly filed suits bearing Nos. CS(OS)2287/2009 tiled as Om Prakash and Ors. vs. Savita Jindal & Ors., and in CS(OS) No.1521/09 titled Shishpal & Another vs. Savita Jindal & Ors. the plaintiffs have been direc
The applicability of the Delhi Land Reforms Act, 1954, and the Hindu Succession Act, 1956, in determining the cause of action and limitation for a suit.
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
Section 6 of Hindu Succession Act would apply only if there is an existence of a Joint Hindu Family and a coparcenary property.
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