IMPORTANT POINT
The cause of action is a bundle of facts and cannot be decided at the preliminary stage of the suit.

JUDGMENT :

1. Rule. Mr. Pareshkumar Thakore, learned advocate waives service of notice of rule for and on behalf of the respondents.

2. The present First Appeal is filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 (for short “Code”) challenging the judgement and order dated 19.2.2024 passed below Exh. 1, 28 and 29 in Civil Suit No. 1373 of 2023 by the learned Chamber Judge, City Civil Court, Ahmedabad.

3. On a joint request of learned advocates appearing for both the parties, the First Appeal is taken up for final hearing. The parties are referred as their original status of the suit.

4. Heard Mr. Mehul Shah, learned Senior Counsel appearing for Mr. Bhavesh Chokshi, learned advocate for the appellants and Mr. Pareshkumar Thakore, learned advocate for the respondents.

5. The brief facts leading to the present case are as under:-

5.1 Plaintiffs filed a suit for relief of declaration of title under adverse possession together with cancellation of registered sale deed and permanent injunction against the defendants for a property being Plot No. 11 bearing City Survey No. 2709 having Tenament No. 015199-19-0001-0001-E situated in District Sub-District Ahmedabad – 3 (Memnagar) of Taluka Sabarmati Moje Saijpur - Khanpur Final Plot No. 387 paiki of T.P.Scheme No. 19 which is known as Ajanta Park. The suit property was purchased on 15.2.1963 by father of defendant Nos.1 and 2. Since 1972, defendants are residing in foreign country. John Daniel was blind i.e. the owner of suit property before 1998 and after the marriage of plaintiff on 7.5.1998, the plaintiffs are residing with John Daniel and his wife Vinodiniben. During the life time of John Daniel and his wife, the plaintiffs were looking after and taking care of the couple and during the life time of John Daniel and his wife, the ownership rights of the suit property were given to the plaintiffs. The plaintiffs are in possession of the suit property and they are having Aadhar Card, Pan Card and other necessary documents substantiating their possession in the suit property. Even after the death of John Daniel on 16.5.2000, the plaintiffs were occupying the suit property. Vinodiniben expired on 27.12.2016 and even after her death also the possession was retained by the plaintiffs. The said facts was within the knowledge of the defendants and the defendants never raised any objection with regard to retaining of possession by plaintiffs. The plaintiffs are occupying the suit property since last more than 25 years. However, the defendant Nos. 1 and 2 executed a registered sale deed dated 12.9.2023 in favour of the defendant No.3 It is also the case of the plaintiffs that the registered sale deed is null and void and not binding to the plaintiffs. A notice dated 27.9.2023 was issued by defendant No.3 to the plaintiffs. The plaintiffs have claimed ownership on the ground of adverse possession and a declaratory relief is also sought for to that effect.

5.2 The defendants filed an application under Order 7 Rule 11 of Code of Civil Procedure vide Exh. 28 and 29 and claimed that the plaintiffs have no cause of action to file the present suit together with a prayer to reject the plaint on the ground of limitation. Learned Chamber Judge, City Civil & Sessions Court vide order dated 19.2.2024 rejected the plaint under Order 7 Rule 11(a) and (d) of the Code and further directed the plaintiffs to pay Rs.5,000/- to the defendants and further directed the plaintiffs to pay Rs.5,000/- in Legal Service Authority, City Civil Court, Ahmedabad.

6. Being aggrieved and dissatisfied with the said judgement and order, the appellants-original plaintiffs are before this Court.

7 Mr. Mehul Shah, learned Senior Counsel for Appellants has submitted that in view of the averments made in the plaint, rejection of plaint is outside the scope of Order VII Rule 11 of Code. It is further submitted that in the plaint, the prayers are three folds (1) for claiming title under adverse possession (2) the s