BALASARIA CONSTRUCTION P LTD Vs. HANUMAN SEVA TRUST

JUDGEMENT

(1.) The plaintiff-respondents, hereinafter referred to as the respondents, filed a suit for a declaration that the acquisition of Schedule 'B' property in LA Case No. XI/16 of 1965-66 was illegal and void. Another prayer made by them in the suit was that the sale deed dated 11.09.1975 in respect of Schedule 'D' property executed by Defendant 5 in favour of Arjun Singh, predecessor-in-interest of Defendants 13 to 17 was illegal and void having been executed without any title of ownership therein with the predetermined object of depriving the plaintiffs of the said property without any authority of law. It was also alleged that a fraud had been committed. An application was filed under Or.39 Rules 1 and 2 of the Code of Civil Procedure seeking injunction restraining Defendants 13 to 18 from changing the nature and character of Schedule 'D' property by alienating or transferring the same in any manner whatsoever and also from undertaking any construction thereon. Defendant 18 in the suit, the appellant herein, instead of filing the written statement filed an application under Or.7 R.11 read with Sec.151 of the Code of Civil Procedure seeking rejection of the plaint which was termed as dismissal of the suit.

(2.) The trial court dismissed the application, aggrieved against which the appellant filed CO No. 1512 of 2002 which has been decided by the impugned order. The learned Single Judge, although did not agree with the reasoning given by the trial court, but upheld the conclusions arrived at by the trial court on different grounds. The learned Single Judge went on the merits of the dispute and dismissed the revision application.

(3.) Aggrieved against the aforesaid order of the High Court the present appeal by way of special leave has been filed.