H.V.SHIVANNA Vs. ANANTHAMMA

JUDGEMENT

(1.) This appeal is filed aggrieved by the order passed on I.A.No.3 in O.S.No.279/2020 dtd. 4/1/2021 by the II Additional Senior Civil Judge and JMFC, Chickballapura, rejecting the plaint under Order 7 Rule 11 of Code of Civil Procedure (for short hereinafter referred to as 'CPC') r/w Sec. 3, 23 and 27 of The Maintenance and Welfare of Parents and Senior Citizens Act,2007 (for short hereinafter referred to as 'Senior Citizens Act, 2007).

(2.) Plaintiff/appellant instituted the suit seeking relief of Specific Performance of Contract of Sale contending that defendant having executed the registered agreement of sale in his favour and received Rs.4.00 lakh as earnest money, failed to execute the sale deed even though Plaintiff is ready and willing to perform his part of contract.

(3.) Defendant filed written statement. Along with written statement, the defendant has filed I.A.No.3 under Order 7 Rule 11 CPC R/W Sec. 3, 23 and 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 filed to reject the plaint, contending that the Civil Court jurisdiction to try this suit is barred as defendant is his mother and senior citizen. Hence, dispute is governed by Special Enactment. The said I.A.No.3 came to be allowed. Hence this appeal.