ORDER :

An application moved by defendant for rejection of the plaint under Order 7 Rule 11 of Code of Civil Procedure was dismissed by the learned trial court. This order has been assailed by the defendant in the present petition.

Parties to the litigation are real brothers, sons of late Shri Sant Ram. The status of the parties hereinafter has been referred to as it was before the learned trial court.

2. Facts

Plaint

2(a) a civil suit was filed by the respondent/plaintiff for-

(i) declaration to the effect that the order dated 13.7.2012 passed by the Assistant Collector IInd Grade, Theog, District Shimla was illegal, null and void;

(ii) for permanent prohibitory injunction to restrain the petitioner/defendant from alienating transferring, encumbering, changing the nature of the suit property; and

(iii) for recovery of Rs. 2,00,000/- as damages on account of mental harassment.

2(b) The suit was in relation to property comprised in Khata No. 85/78, Khatauni No. 202/197, Khsra No. 1000, 1001, 1002, 1003, 1004 1005 and 1028 total measuring 02-04-41 Hect. situated in Up Mohal Kalinda, Tehsil Theog, District Shimla. It was pleaded that:-

2(b)(i) The suit property was initially owned by late Shri