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2018 Supreme(All) 772

ALLAHABAD HIGH COURT
BEFORE : VIVEK CHAUDHARY, J.
MUDIT VERMA ....Petitioner
Versus
RAM KUMAR AND ANOTHER ....Respondent
(Civil Misc. Writ Petition (M/S) No. 7433 of 2015, decided on 4th July, 2018)

Advocates:
Counsel :
Jaspreet Singh for the Petitioner; Ashok Kumar Maurya, Brajesh Kumar Yadav, Mayank Pandey, Prem Shanker Shukla, Rakesh Kumar Srivastava, Suresh Chandra Shukla and Suresh Chandra Verma for the Respondents.

Headnote:(A) Code of Civil Procedure, 1908—Order VII, Rule 11—Plaint—Rejection of—Suit for cancellation of sale-deed and injunction—Suit instituted after more than 37 years of execution of registered sale-deed and after 3 years from date of knowledge of sale-deed—No evidence with regard to possession of plaintiff on land in dispute—Further plaintiffs made serious concealment in plaint regarding possession—Plaint liable to be rejected. [Paras 8 and 19]

       (B) Code of Civil Procedure, 1908—Order VII, Rule 11(d)—Legislative law—‘Plaint to be barred by any law’—Whether Court can only look into legislative law and it cannot look into law settled by Court while hearing an application under Order VII, Rule 11—Held law means legislative law as well as law declared by Courts. [Para 18]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble Vivek Chaudhary, J.—Present petition is filed by the petitioner-defendant challenging the order dated 28.5.2012 passed by the Additional Civil Judge (Junior Division), Lucknow and order dated 7.8.2015 passed by the Additional District Judge, Court No. 1, Lucknow. By the first order, learned Additional Civil Judge has rejected an application filed by the petitioner-defendant under Order 7 Rule 11 of the C.P.C. and by the second order, learned Additional District Judge has affirmed the order of learned Additional Civil Judge and rejected the civil revision also.

2. Facts of the case, as set up by the petitioner-defendant, are that a sale-deed was executed on 8.1.1974 by late Sri Bechu, with regard to agricultural plots No. 234 and 249 situated at Village-Vijaipur, P.S, Gomtinagar, Pargana, Tehsil and District Lucknow, in favour of petitioner-defendant and late Sri Servendra Shekhar Singh, his brother. On the basis of the said sale-deed, by order dated 31.8.1974 passed by the revenue authorities, names of petitioner-defendant and his brother were duly mutated in the revenue records. In the year 1984 the State Government acquired the said two plots alongwith other surrounding lands and in the year 1985 an award was also made. Sri Bechu expired on 10.5.1999. No objection to the sale-deed or mutation was ever made by Sri Bechu till he expired. After about 12 years of his death and after 37 years of execution of the sale-deed, his sons, namely Sri Ram Kumar and Om Prakash, respondents-plaintiffs filed a Regular Suit No. 112 of 2011, claiming that the said sale-deed executed on 8.1.1974 is a forged document and does not contain the thumb impression of their late father. They prayed for: (a) cancellation of the sale-deed dated 8.1.1974 and (b): “a decree for permanent injunction restraining the defendant, his heirs, agent and any person claiming rights through him, for interfering the peaceful possession of the plaintiffs and from dispossessing the plaintiffs from the land in suit”. The plaint was filed on 27.1.2011. Relevant paragraphs of the plaint, for our purposes, are as follows :

“6. That when this fact came into knowledge of the plaintiffs regarding the names of the defendant and his Late brother Servendra Shekhar Singh entered in the revenue records, then they moved an application for recall of the order of mutation in the Court of Tehsildar Lucknow but the same was rejected by Tehsildar Lucknow on 22.4.2008 (Twenty Two April Two Thousand Eight), against the said order the plaintiffs have filed an appeal in the Court of S.D.O. Lucknow which is pending for final disposal.

7. That the real brother of the defendant Servendra Shekhar Singh died and it has come to the knowledge of the plaintiffs that the said Servendra Shekhar Singh died unmarried.

8. That on 10.7.2009 (Ten July Two Thousand Nine), the defendant alongwith associates came at the aforesaid plots of the land of the plaintiffs, tried to make constructions over the said plots of land, the plaintiff No. 1 reached at the plots and objected the acts of the defendants, the defendant abused the plaintiff No. 1 in a filthy language and threatened the plaintiff No. 1 to do away his life, if he intervened into the matter but on the intervention of the village people the defendant alongwith associates ran away. Thereafter the plaintiff No. 1 moved applications to the Chief Minister, S.P. Lucknow and Inspector P.S. Gomtinagar, Lucknow but no action has been taken by the police of P.S. Gomtinagar, Lucknow. When this act came in the knowledge of the defendant that the plaintiff No. 1 moved applications against the defendant, then again on 31.7.2009 (Thirty One July Two Thousand Nine) the defendant alongwith another person entered into the house of the plaintiffs and beaten the plaintiff No. 1, abused in a filthy language and threatened the plaintiff No. 1 that if he will not pressed his applications, the defendant will to do away the life of the plaintiff No. 1 and s
































































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