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2022 Supreme(P&H) 201

ALKA SARIN
Rakesh Khanna @ Babbu – Appellant
Versus
Gulzari Lal – Respondent


Advocates Appeared:
Mr. G.P.S. Bal, Advocate, for the Appellant;

ORDER

Alka Sarin, J. - The present civil revision under Article 227 of the Constitution of India has been filed impugning the order dated 17.02.2022 (Annexure P-7) vide which the application preferred by the defendant no. 1-petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been dismissed.

2. Brief facts relevant to the present lis are that the plaintiffrespondent no.l filed a suit for declaration to the effect that the plaintiff is absolute owner and in possession of the House No.B-I 37, as described in the plaint, and further for permanent injunction restraining the defendants from alienating the above mentioned property. Defendant no.l-petitioner herein filed an application (Annexure P-4) under Order VII Rule 11 CPC for rejection of the plaint on the grounds; firstly, that the same is barred by limitation; secondly, that the suit is barred by the provisions of the Prohibition of Benami Property Transactions Act, 1988; and thirdly, that it is under-valued. It was stated in the application that the sale deed in question was executed on 18.05.1999, which was within the knowledge of plaintiff respondent no.l, and that the pla

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