JAYAMMA Vs. RATHNAMMA

JUDGEMENT

(1.) These Revision Petitions are filed by the defendant No.7 in O.S.No.2791/2010 pending trial before the IX Additional City Civil and Sessions Judge, Bengaluru (henceforth referred as 'Trial Court') challenging an order dtd. 12/2/2016, by which an application filed under Order VII Rule 11(a) and (d) of CPC was rejected.

(2.) A suit in O.S.No.2791/2010 was filed for partition and separation possession of the undivided right title and interest of the plaintiff in suit schedule property. The suit was contested by defendant No.7, who also filed an application under Order VII Rule (a) and (d) of CPC to reject the plaint.

(3.) Defendant No.7 contended in the application that the suit property was purchased by Melappa the grandfather of the plaintiff in terms of the sale deed dtd. 1/3/1946 and that defendant No.1 was his only son, who succeeded to the property. Thus, it was contended that the said property was the absolute property of defendant No.1. It is claimed that defendant No.1 had executed an agreement of sale in favour of defendant No.7. After a partition between the family members, the defendant Nos.2 and 3 had executed a sale deed dtd. 23/3/2006 in favour of defendant No.7 in respect of an area measuring 60 ft x40 ft. It was also contended that the plaintiff was not a Class-I heir of Melappa and therefore there was no cause of action for filing the suit. It was also contended that plaintiff had not sought for cancellation of sale deed dtd. 23/3/2006.