IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJNI JAIN AND OTHERS – Appellant
Versus
PRITAM CHAUHAN AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.02.2026 Pronounced on: 18.03.2026 Rajni Jain and others … Petitioners Versus Pritam Chauhan and others … Respondents CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Sapan Dhir, Advocate, for the petitioners.
Mr. Ashish Aggarwal, Senior Advocate, with Ms. Pooja Sareen, Advocate, for respondent No.1.
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VIKRAM AGGARWAL, J.
The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 18.05.2024, passed by the Court of Civil Judge (Jr. Divn.), Gurugram, vide which the application filed by the petitioners/defendants No.1 to 8 (hereinafter referred to as ‘the petitioners’) under Order VII Rule 11 CPC for rejection of the plaint was dismissed.
2. The respondent No.1/plaintiff-Pritam Chauhan (hereinafter referred to as ‘the respondent’) instituted a suit (Annexure P-4) for declaration of the registered sale deeds dated 17.05.2013 (two sale deeds), 29.05.2013, 06.09.2013 and 13.01.2014, executed by the respondent in favour of the petitioners, as null and void, for, the sale consideration referred to in the said sale deeds had not been paid. Consequential relief of permanent injunction restraining the petitioners not to alienate, transfer, mortgage or change the nature of the suit land was also sought. It was also prayed that the petitioners be restrained from receiving any enhanced amount of compensation on account of acquisition of the suit land.
3. The case set up was that the respondent was the absolute owner in physical possession of land measuring 2 kanals 13 marlas (fully described in the plaint), situated in the revenue estate of Village Sihi, Tehsil Manesar, District Gurugram. A long history was pleaded as regards the sequence of events, which led the respondent to execute certain sale deeds. Sale deeds pertaining to the petitioners and certain other defendants were referred to in paragraph 9 of the plaint, which reads as under:-
“9. That plaintiff executed many sale deeds in favour of Defendant no. 1 to 10 on behalf of defendant no. 11 to 15 on their assurance and promise. At the time of execution of the sale deeds when the plaintiff demanded the sale consideration then all defendant no. 1 to 10 assured that they will make the entire payment and also nominate defendant no. 13 and 14 being surety. The plaintiff executed the following sale deeds out of his land:-
(a) Sale Deed/Vasika No. 521 dated 17-05-2013 measuring 0 Kanai 7 Marla in Khewat/Khatta no. 95/102, Rect. No. 21, Killa no. 2 (8-0) 10/1 (5-16), and Rect. No. 22 Killa no. 6/1 (5- 16), 7/1 (3-9), situated in the revenue estate of Village Sihi, Tehsil Manesar, Distt. Gurugram in favour of defendant no. 1 to 3 for a total sale consideration of Rs. 12,60,000/- which was mentioned in the sale deed paid in cheque and cash but not a single amount has been received by the plaintiff at the time of execution/registration of the sale deed. Copy of sale deed is Annexure-N.
(b) Sale Deed/Vasika No.522 dated 17-05-20-15 measuring 0 Kanai 11 Marla Khewat/Khatta no. 95/102, Rect. No. 21, Killa no. 2 (8-0) 10/1 (5-16), and Rect. No. 22 Killa no. 6/1 (5- 16), 7/1 (3-9), situated in the revenue estate of Village Sihi, Tehsil Manesar, in favour of defendant no. 4 to 7 for a total sale consideration of Rs.20,04,000/- which was mentioned in the sale deed paid by cheques but the not a single amount has been received by the plaintiff at the time of execution/registration of the sale deed. Copy of sale deed Annexure-0.
(c) Sale Deed/Vasika Nb. 610 dated 29-05-2013) measuring 0 Kanai 7 Marla Khewat/Khatta no. 95/ T02, Rect. No. 21, Killa no. 2 (8-0) 10/1 (5-16), and Rect. No. 22 Killa no. 6/1 (5- 16), 7/1 (3-9), situated in the revenue estate of Village Sihi, Tehsil Manesar, in favour of defendant no. 8 for a total sale consideration of Rs. 12,60,000/- which was mentioned in the sale deed paid through Cash, 8s Cheque but not a single amount has been received by the plaintif
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