ADINARAYANA Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) This appeal is by the plaintiff in O.S. No.242 of 2017 on the file of the I Additional Senior Civil Judge and JMFC, Chickballapur (for short, Trial Court ). The Trial Court, by the impugned order, has rejected the appellants plaint under Order VII Rule 11(a), (b) and (d) read with Section 151 of Code of Civil Procedure (for short, CPC ), accepting the application filed under the aforesaid provisions by the defendant.

(2.) Heard the learned counsel for the appellant and perused the papers. The appellant and the respondent are referred to as they are arrayed before the Trial Court.

(3.) The plaintiff filed a suit in O.S.No.242 of 2017 for declaration that he is the absolute owner of different immovable properties described in the plaint schedule (hereinafter referred to as Suit Schedule Properties ) asserting that he had purchased these properties under the registered Sale Deed dated 29.01.1979 executed by his sister, Smt.Narayanamma and her adopted son, the defendant. Smt.Narayanamma transferred the aforesaid suit schedule properties, along with her adopted son, in favour of the appellant to clear the loan borrowed by her deceased husband to meet his own medical expenses.