BABU REDDY Vs. K. GOPALA

JUDGEMENT

(1.) Heard the petitioners counsel.

(2.) This revision petition is filed against the order of rejection of an application filed under Order 7 Rule 11 (b and c) r/w Sec. 151 of CPC. The main contention urged in the application that the plaintiff had filed the suit for declaration of ownership of the suit B property and for permanent injunction. The plaintiff has described the suit schedule A property as Sy.No.No.45/6, new number 96 measuring 2 acres situated at Parappana Agrahara and claims that as per the decree in O.S.No.8415/1996, out of the A schedule 26.12 gunta has fallen to the share of the plaintiffs which is described as B schedule. The plaintiff has described the suit schedule B property as agricultural land not shown it as a site. The plaintiffs have produced RTC of the suit land till the year of filing suit and the same show the suit property as agricultural land and hence the trial Court comes to the conclusion that when the document of RTC is produced before the Court at the time of filing the suit and the same is described as agricultural property, the very contention of defendants that the plaintiffs have not properly valued the suit, also it is the contention of the defendants before the trial Court that there is an admission in the criminal case that construction of houses in the B schedule and suppress the true facts. The contention of the defendant has not been accepted and rejected the application. Hence, the revision petition is filed before this Court.

(3.) The counsel appearing for the petitioners vehemently contend that in the cross examination categorically admitted that school premises is in existence and also the sheds are constructed and hence the very approach of the trial Court is erroneous and ought to have allowed the application.