SUNRISE REALTY & LEISURE (P) LTD. Vs. JAMRUDUNNISSA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the petitioner.

(2.) This petition is filed challenging the order dtd. 16/3/2023, passed on I.A.No.4, in O.S.No.54/2021, on the file of the II Additional Senior Civil Judge and JMFC, Chickballapura, dismissing I.A.No.4 filed under Order 7 Rule 11 of CPC.

(3.) The case of the petitioner herein, who is defendant No.13 is that he had purchased the suit properties under sale deed dtd. 12/9/2016 and since then he is in possession and enjoyment of the suit properties. Prior to the execution of sale deed, the vendor of defendant No.13 i.e., defendant No.12 acquired the suit properties by virtue of sale deed 30/3/2007 registered in the office of the Sub-Registrar, Chickballapur and the revenue entries were effect in his name and thereafter defendant No.13 being the absolute owner is in possession and enjoyment of the suit properties. It is contended that the suit properties are in joint possession and enjoyment as tenants in common. Defendant Nos.1 to 11 executed sale deed in favour of defendant No.12 on 30/3/2007 and the plaintiffs ought to have brought the suit within three years from the date of execution of sale deed dtd. 30/3/2007 and not on the year 2015 and the present suit is in the year 2021. Hence, no cause of action and the suit is barred by time.