Limitation period for suits involving cancellation of sale deeds and declarations is a factual issue that requires proper examination, and prior suits do not preclude new claims if possession remains established.

ORDER :

1. Both-Civil Revision and Civil Misc. Appeal No. 5235/2024 arise out of one suit, were continuously listed together since last so many dates and with the consent of the parties, it was heard along-with the connected civil misc. appeal. The connected Civil Misc. Appeal No.5235/2024 is in regard to the order of temporary injunction and this revision petition is in connection with order on an application filed under Order VII Rule 11 CPC. This revision petition which was heard along-with the connected civil misc. appeal is being decided by a separate order.

2. This civil revision petition has been filed by the defendant/ petitioner under section 115 of the Code of Civil Procedure against the order dated 18.10.2024 passed by the Court of learned Addl. District Judge No.10, Jaipur Metropolitan-I (Headquarter Sanganer) [for short ‘the court below’] in Civil Suit No. 124/2024 (In CIS No. 224/2024), Prakash Kumar Sharma & Anr. v. A.K.G. Affordable Housing Private Limited, whereby the court below dismissed the application filed by the defendant/ petitioner under Order VII Rule 11 read with section 151 CPC.

3. The facts borne out from the pleadings are that that the plaintiffs/respondents filed a suit for declaration and permanent injunction along-with the application for temporary injunction before the Court below mentioning that that the land bearing Khasra Nos. 81 (0.08 H), 82/01 (0.01 H), 83 (0.72 H) and 95/01 (1.37 H), in all 4 Khasras measuring 2.18 Hectares situated in Village Chak Harbanspura, Patwar Halka Jaisinghpura, Tehsil Sanganer, District Jaipur (hereinafter referred to as the ‘subject land’) was purchased by the plaintiffs by a registered sale deed dated 24.11.2015 from Smt. Phooli Devi W/o Prabhu Narayan and since then they are in possession of the said land and mutation in their name was opened after demarcation of the land. An agreement to sell the subject land dated 11.02.2016 was executed by the plaintiffs/respondents in favour of the defendant/appellant. The consideration for the said land was Rs. 1,90,00,000/- per Bigha and, therefore, the total consideration agreed was Rs. 16,50,00,000/-. Out of the said amount, Rs. 1,00,00,000/- was paid by the defendant/appellant to the plaintiffs/respondents by cheques. It was further mentioned that a sale deed was executed on 18.04.2016 where the consideration amount was mentioned at DLC rates total amounting to Rs.9,50,00,000/-. An agreement was executed on 18.04.2016 in which it was mentioned that the cheques, 11 in numbers, for remaining amount of Rs.5,54,00,000/- had been given to plaintiffs/respondents which were dishonoured and the dispute arose between the parties. Subsequently, an agreement dated 20.09.2018 (02.03.2019) was executed in which 13 cheques of the outstanding consideration amount with interest as agreed of Rs.7,95,00,000/- were given to the plaintiffs. It was further also mentioned that the defendant/appellant stopped the payment of cheques and, therefore, the cheques were returned back by the bank to the plaintiffs/respondents. On this, the plaintiffs/respondents got the construction stopped at the site. On 07.08.2021 and thereafter on 25.11.2021, the defendant/appellant tried to raise construction by taking possession of the disputed land. On this, the plaintiffs filed a civil suit for permanent injunction in the court of Addl. Civil Judge No. 17, Sanganer