ORDER

This civil revision has been preferred by defendant 6 challenging the order dated 09.11.2021 passed by Principal District Judge, Chhindwara, in civil suit no.08/21 whereby defendant 6's application under Order 7 Rule 11 read with Section 151 CPC, has been dismissed.

2. Learned counsel for the petitioner submits that the plaintiffs have instituted a suit for declaration of title and permanent injunction in respect of immovable suit property with the allegations that one Shaukatjahan Begum was owner of the suit property who transferred her property to Mujahid Ali by making oral Hiba on 29.07.2014 and thereafter Mujahid Ali made oral Hiba on 02.09.2017 in favour of the plaintiffs. He further submits that Hiba cannot be made by a muslim in favour of non-muslim, therefore, there is no cause of action available to the plaintiffs to institute the suit. In support of his submissions learned counsel placed reliance on the decisions in the case of R.Sumathi and another vs.

S.

Ramuvel @ Mohamed Abdur Rahim and others SA(MD).No.406/2012 decided by Madras High Court on 27.04.2023 and of Hon'ble Supreme in the case of Rajendra Bajoria and others vs. Hemant Kumar Jalan and others