K BHASKARAN Vs. RATNAMMA

JUDGEMENT

(1.) The plaintiff in O.S. 25570/2010 on the file of LVII Addl. City Civil and Sessions Judge, Bengaluru, has challenged the order dated 27.4.2016 passed on an application filed under Order VII Rule 11 of the Code of Civil Procedure. By the impugned order, the plaint was rejected.

(2.) Necessary facts in a nutshell for disposal of this appeal are as follows :

(3.) On 28.8.2014, the defendants got filed an application under Order VII Rule 11 CPC seeking rejection of the plaint. The second defendant who swore to an affidavit stated that there was no cause of action for the plaintiff to institute a suit. After denotification of the lands which had been acquired, the defendants sold the said land in favour of third parties by executing sale deeds. The purchasers from them occupied the lands sold to them. The plaintiff is not in possession and that he has not produced a single document to show his possession. The plaintiff has suppressed the material facts and, therefore, there is no cause of action for the suit. For these reasons, the plaint has to be rejected.