Plaint not rejected under Order VII Rule 11 CPC where averments disclose cause from challenge to recent mutations/sales based on alleged wrong entries post pre-statute tenancy relinquishment; jurisdictional bars under special laws require trial for procedural scrutiny.

Judgment :

Ajay Mohan Goel, J.

By way of this petition filed under Article 227 of the Constitution of India, the petitioners have assailed order dated 02.09.2024, passed by learned Trial Court, in terms whereof, the application filed by the petitioners herein under Order VII, Rule 11 of the Code of Civil Procedure for the rejection of the plaint has been dismissed.

2. Brief facts necessary for the adjudication of this petition are that the contesting respondents/plaintiffs have filed a suit for declaration against the petitioners herein which is pending adjudication. The suit has been filed in the month of June, 2015. The following prayers have been made in the in the suit:-

“It is, therefore, prayed that the suit of the plaintiffs liable to be decreed and the same may be decreed in favour of plaintiffs and against the defendants and the following relief may be granted to the plaintiffs:

(1) IT MAY BE DECLAED THAT the land measuring 3-15- 0 Bigha comprised in Khasra No.1031 contained in Khatouni No.356 of Khata No. 249 incorporated in Jamabandi Phati Shamshi Kothi Khokhan tehsil and district Kullu for the year 2009-10 is jointly owned and possessed by Plaitiffs No.1 to 6 absolute owners thereof and entry showing Dharm Chand son of Dilu as tenant is wrong, illegal and void, No. 1 to 7 on the basis of aforesaid wrong and illegal entry is also illegal, void and inoperative and of no effect and consequence and the plaintiffs are not bound by the same,

(III) IT MAY FURTHER BE DECLARED THAT Mutation. No.9092 Phati Shamshi Kothi Khokhan decided on 3.8.2013 by AC IIGrade is also wrong, illegal, void and inoperative and of no effect and consequence and the plaintiffs are not bound by the same,

(IV) IT MAY FURTHER BE DECLARED THAT the sale deed dated 19.10.2013 executed by defendants No.5, 6 and 7 in favour of defendant No.8 is also wrong, illegal, void and inoperative and Mutation No. 10056 Phati Shamshi attested on the basis of aforesaid wrong, illegal and void sale deed is also wrong, illegal and void and the same confer no right, title and interest on defendant No.8.

(V) IT MAY FURTHER BE DECLARED THAT that the sale. deed dated 19.10.2013 executed by Thakar Singh defendant No.4 in favour of Piare Lal defendant No.9 is also wrong, illegal, void and inoperative and Mutation No.10057 Phati Shamshi attested and sanctioned on the basis of aforesaid wrong, illegal and void sale deed is also wrong, illegal and void and inoperative and the plaintiffs are not bound by the same,

V-A) That the sale deed dated 12.11.2013 executed by Bhawani Singh Defendant No.2 and consequent mutation No.10081, AND sale deed dated 25.11.2013 executed by Karam Chand defendant No.3 and consequent mutation No. 10105 AND sale deed dated 17.1.2014 executed by Pyare Lal defendant No.9 and consequent mutation No. 10173 on the basis there of, all sale deeds in favour of Ashwani Kumar defendant No.8 are all wrong, illegal, void and inoperative and of no effect and consequence and the same do not confer any right, title and interest of any kind on defendant No.8 AND FURTHER the sale deed executed by Gulab Chand defendant No.1 dated 25.11.2013 in favour of Smt.Manorma defendant No.10 and consequent mutation No.10106 is also wrong, illegal, void and inoperative and the plaintiffs are not bound by the same."

(VI) AS A CONSEQUENTIAL RELIEF defendants may be restrained from interfering in the ownership and possession of the plaintiffs by way of issuance of PERMANENT PROHIBITORY INJ