MEWARAM R SHAH Vs. BHAWAR LAL

JUDGEMENT

(1.) Defendant Nos.1 to 3 in O.S.No.830/2007 on the file of Fast Track Court, Devanahalli, have come up in this petition impugning the order dated 03.01.2013 passed on I.A.No.10 filed under Order 7, Rule 11 of CPC seeking rejection of the plaint.

(2.) In this proceedings for the sake of convenience, parties are referred to by their rank in the Original Suit. Plaintiff in the Court below is admittedly elder brother of defendant Nos.1 and 2. Admitted facts are that the plaintiff purchased suit schedule property under a registered Sale Deed dated 11.03.1992. The said Sale Deed was executed in his favour with first defendant representing him as his Power of Attorney Holder representing in the said transaction. According to plaintiff, suit schedule property was under supervision of his younger brother, 1st defendant. It is only in the year 2004 he came to know that some fraud is committed by 1st defendant in clandestinely conveying the same from his name to the name of his another brother, namely second defendant in the Court below. The said transaction has taken place in collusion with defendant Nos.1 and 2. In this behalf, a notice was sent by him through his counsel from his native place Barmer, Rajasthan. The said notice is duly replied by first and second defendants.

(3.) According to plaintiff, he came to know about the sale transaction dated 26.03.1994 in conveying the suit schedule property by 1st defendant as his Power of Attorney Holder in favour of 2nd defendant has come to his knowledge only after receiving reply from the 1st and 2nd defendants. It is stated that subsequently there were negotiations between himself and 1st and 2nd defendants through their well wishers for negotiated settlement of dispute between themselves. In the meanwhile, another document came to be executed by 2nd defendant in favour of his son, 3rd defendant, in the form of a Gift Deed conveying suit schedule property in favour of 3rd defendant.