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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Sri Chaitanya Educational Trust Sri Chaitanya Techno Schools – Appellant
Versus
Ganta Sirisha – Respondent
| Table of Content |
|---|
| 1. final conclusion and order of the court. (Para 1 , 21) |
| 2. overview of the factual background of the lease agreement. (Para 2) |
| 3. plaintiff's counterarguments regarding the lease agreement. (Para 5) |
| 4. court's observations on the nature of the suit and legal principles. (Para 6 , 12 , 14 , 15 , 16) |
| 5. clarification on the jurisdiction and principles for rejection of plaint. (Para 11 , 18) |
ORDER :
G.RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner-defendant No.1 aggrieved by the order dated 03.01.2025 passed in I.A. No.185 of 2024 in O.S. No.142 of 2024 by the Senior Civil Judge cum Assistant Sessions Judge, Kodad.
2. The facts of the case in brief are that the respondent Nos.1 and 2 – plaintiffs filed O.S. No.142 of 2024 seeking the relief of directing the defendants to vacate the plaint schedule building and to deliver vacant possession of the same to them, to cancel the lease deed dated 05.09.2020 bearing document No.9528 of 2019 on the file of Sub-Registrar, Kodad, in favour of the defendants as the same was obtained by deceiving the plaintiffs and directing the defendants to pay damages @ Rs.5,00,000/- per month for use and occupation of the plai
The registered lease deed supersedes the unregistered one, and claims for cancellation based on fraud are barred by limitation under Article 59 of the Limitation Act.
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The court ruled that the plaintiff's suit was timely as she only discovered the fraudulent sale deed in October 2023, emphasizing that limitation is a mixed question of fact and law.
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