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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi
Neela Bindu Pavani – Appellant
Versus
Kasani Venkateswarlu – Respondent
ORDER :
T. Madhavi Devi, J.
This Civil Revision Petition has been filed against the orders of dismissal dated 01.07.2024 in I.A.No.654 of 2023 in O.S.No.172 of 2022 filed under Order VII Rule 11(b) r/w Section 151 of C.P.C. by the Principal Junior Civil Judge at Kodad, Suryapet District
2. Brief facts leading to the filing of the present Civil Revision Petition are that the petitioner herein is the defendant No.1 in the suit filed by the respondent No.1/plaintiff for cancellation of registered sale deed vide document No.1632/2021, dated 04.12.2021, registered in the office of the Tahsildar and Joint Sub-Registrar, Kodad and the plaint was filed under Section 26, order VII, Rule 1 of C.P.C. In the plaint, it was averred that the plaintiff was the owner of the suit schedule property being agricultural land and was intending to sell the same and that the defendants having come to know about the sale of land, had offered to purchase the land to an extent of 2-00 gts., in Survey No.998/E/2, situated at Kodad Revenue Village and Mandal, Suryapet District and that the plaintiff has accepted the offer and entered into an agreement for sale dated 03.12.2021 on receipt of only part payment and
A plaintiff must clearly state the cause of action and relevant details in the plaint for it to be maintainable; lack of such specifics can lead to the rejection of the plaint under Order VII Rule 11....
Section 38 will not attract when consideration is not shown in document which is in question.
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
A defendant's fraudulent inducement on a contractual obligation supports a plaintiff's claim for cancellation of a sale deed and necessitates a full trial.
The plaint must disclose a cause of action, and the permissibility of oral averments contradicting a written document depends on the applicability of relevant provisions of the Evidence Act.
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