KARNATAKA HIGH COURT
ANU SIVARAMAN, K.MANMADHA RAO, JJ
SYED MUNEER – Appellant
Versus
MUTHYALAPPA S. AND OTHERS – Respondent
| Table of Content |
|---|
| 1. hearing of appeals requires understanding of facts and context. (Para 1) |
| 2. arguments regarding the rejection of plaint and applicability of ptcl act. (Para 2 , 3 , 4) |
| 3. court's observation on the need for trial court evaluation. (Para 5) |
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing on either side.
2. The only question which requires our consideration in this appeal is whether rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 , ('CPC' for short)
was justifiable in the facts of this case.
3. Learned Senior Counsel appearing for the appellant places reliance on the judgments of this Court in RFA No.1766/2013 and contends that the very question whether an agreement for sale would be hit by the provisions of Sections 4 (1), 4(2) and 4(3) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short) is a question which has to be decided taking note of the facts and circumstances of individual cases and that rejection of plaint under Order VII Rule 11 of CPC was not justified. Learned counsel would also contend that the land in question
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