IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V. BHASKAR REDDY, J.
Chandan Khandewal and others – Appellants
Versus
G. Ramakrishna Reddy and others – Respondents
Civil Revision Petition No.3270 of 2023
Decided on : 24-01-2024
Injunction - Civil Procedure Code - Order VII Rule 11(a)&(d) r/w Section 151 - Specific Relief Act - Section 41(h) - [SUMMARY]
Fact of the Case:
The plaintiffs sought perpetual injunction against the defendants claiming interference with their possession of land. The defendants, as lawful owners, sought rejection of the plaint under Order VII Rule 11(a)&(d) r/w Section 151 of CPC, arguing that the suit for mere injunction without seeking declaration of title is not maintainable.
Finding of the Court:
The Court found that the plaintiffs had shown cause of action for filing the suit and that the suit was filed within the period of limitation. The Court also noted that the plaintiffs had been declared as owners and possessors of the land in earlier litigation.
Issues: Whether the suit for injunction without seeking the relief of declaration of title and by virtue of Section 41(h) of Specific Relief Act is maintainable.
Ratio Decidendi: The Court can reject a plaint at any stage if conditions under Order VII Rule 11 of CPC exist. The Court cannot consider materials beyond the plaint to declare the case as frivolous and vexatious. The strength or weakness of the plaintiff's case should not be considered. The plaint must disclose a clear right to sue, and failure to do so necessitates rejection of the plaint.
Final Decision: The Court dismissed the Civil Revision Petition, finding no illegality or infirmities in the impugned order.
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners herein/defendant Nos.1 to 3, challenging the order, dated 19.10.2023, passed in I.A.No.344 of 2023 in O.S.No.1 of 2023, by the learned Principal District Judge, at Narayanpet, whereby, the application filed by the petitioners herein/defendant Nos.1 to 3 under Order VII Rule 11(a)&(d) r/w Section 151 of CPC, seeking to reject the plaint, was dismissed by the Court below.
2. The petitioner Nos.1 to 3 herein are the defendant Nos.1 to 3 in the suit and the respondent Nos.1 to 4 herein are the plaintiff Nos.1 to 4 in the suit. For the sake of convenience, hereinafter the parties are referred as they were arrayed in the suit.
3. The brief facts of the case are that, the plaintiffs filed the suit vide O.S.No.1 of 2023 on the file of Principal District Judge, at Narayanpet, seeking perpetual injunction against the defendants. The plaintiff No.2 claims to have purchased land admeasuring Ac.0.10 gts equivalent to 0.10 Hectares in Sy.No.280 situated at Makthal Town, under a registered sale deed dated 15.05.1984 bearing document No.648/1984. Plaintiff No.3 claims to have purchased land admeasuring Ac.0.10 Gts equivalent to 0.10 Hectares in Sy.No.280 situated at Makthal Town, under a registered Sale deed dated 14.05.1984 bearing document No.632/1984. Smt.G.Anasuya, wife of plaintiff No.1 claims to have purchased Plot No.3 admeasuring 300 Sq.yds in Sy.No.280 situated at Makthal town, under a registered sale deed dated 27.06.1984 bearing document No.1019/1984. Smt.G.Anasuya also claims to have purchased Plot No.2 admeasuring 150 Sq.yds land in Sy.No.280 situated at Makthal Town, under a registered sale deed dated 27.06.1984 vide document No.1020/1984. It is stated that Smt.G.Anasuya expired on 24.12.2019 leaving behind the plaintiff Nos.1 to 4 as her legal heirs and the plaintiffs succeeded the properties acquired by late Smt G.Anasuya and are in possession and enjoyment of the said property. It is the case of the plaintiffs that while the things stood thus, one Smt.Parvathamma and her sons namely Laxmikantha Reddy, Madhusudan Reddy, Virat Reddy and Bhaskar Reddy claiming to be legal heirs of Nagi Reddy, started interfering with the possession of plaintiffs alleging that the plaintiffs had claimed land admeasuring Ac.0.26 Gts in Sy.No.4 as that of land admeasuring Ac.0.24 Gts in Sy.No.280. It is further case of plaintiffs that pursuant to the said rival claims, the Sub-Inspector of Police filed a case before the Sub-divisional Magistrate, Narayanpet requesting to initiate proceedings under Sec.145 of Code of Criminal Procedure (Cr.P.C) against the plaintiffs as well as legal heirs of Nagi Reddy namely Smt.Parvathamma Madhusudhan Reddy and Bhaskar Reddy and in view of apprehension of breach of peace and disturbance to the public tranquillity in the village, the property was taken into the custody with the standing crops as required under Sec 146(1) of Cr.P.C and the Mandal Revenue Officer, Makthal, was appointed as "Receiver". Thereafter, Sub-Divisional Magistrate, Narayanpet, having been satisfied that the proceedings issued under Section 145 Cr.P.C are no longer required, passed an order dated 20.10.1990 revoking the earlier proceedings No.C/487/87 dated 21.03.1987. In view of the same, the M.R.O, Makthal vide Memo No.A/2783/90 dated 24.01.1991 delivered possession of land admeasuring Ac.0-24gts in Sy.No.280 to the plaintiff No.1. It is further case of the plaintiffs that inspite of the orders of the Sub-Divisional Magistrate, Narayanpet, the legal heirs of Nagi Reddy namely Parvathamma, Laxmikantha Reddy Virat Reddy and Bhaskar Reddy again started interfering with the possession of plaintiffs, which compelled the plaintiffs to file a suit vide O.S.No.29 of 1991 on the file of Junior Civil Judge at Narayanpet. After contest, the said suit was decreed vide judgment and decree dated 31.01.2005 upholding the right, title and possessio
Anathula Sudhakar vs. P. Buchi Reddy (dead) by LRs and others
Jageshwari Devi v. Shatrughan Ram
Madanuri Sri Rama Chandra Murthy vs. Syed Jalal
Ram Prakash Gupta vs. Rajiv Kumar Gupta and others
Srihari Hanumadas Totala vs. Hemant Vithal Kamat and others
The Court can reject a plaint if it fails to disclose a cause of action, but the absence of cause of action for the suit is not a ground for rejection.
A plaintiff's failure to seek explicit title declaration does not render the suit unmaintainable if sufficient evidence of ownership exists, especially when the trial is ongoing.
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The court ruled that a plaint must disclose a cause of action to proceed, and dismissal under Order VII Rule 11 is only appropriate when the plaint clearly fails to do so.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.