PARMANAND NIHALANI Vs. GANESH SACHDEV

JUDGEMENT

(1.) This revision has been preferred by the Applicants/Defendants Nos.1 to 3 against the impugned order dtd. 5/3/2020 (Annexure P-1) passed by learned Additional District Judge (F.T.C.), Dhamtari, in Civil Suit No.6-A/2019, whereby the learned ADJ dismissed the application filed under Order VII Rule 11 of the Civil Procedure Code.

(2.) Facts of the case are that Respondent No.1/Plaintiff filed a suit for declaration, possession and permanent injunction. It was pleaded by the Plaintiff that he was the owner of land situated at Risaipara, District Dhamtari(C.G.), Plot No.179/3, admeasuring area 114 Square Meter. The above mentioned land was sold to Defendant No.1 through registered sale deed dtd. 13/5/2016. Defendant No.2 is daughter-in-law of Defendant No.1 and Defendant No.3 is nephew of Defendant No.1. It was further pleaded that on 14/6/2016, Defendant No.1 executed a gift deed in favour of Defendant No.2 for part of suit land and on the same date Defendant No.1 executed a sale deed in favour of Defendant No.3 for part of the suit land. On 13/10/2016 also, Defendant No.4 registered a sale deed and purchased one part of the suit land from Defendant No.2. On 20/12/2017, Defendant No.5 further registered a sale deed and purchased two parts of the suit land from Defendant Nos.2 and 3. It was further pleaded by the Plaintiff that he never gave real possession of the suit land to Defendant No.1 and also did not receive any sale consideration with relation to the sale of said suit property, therefore, Defendant No.1 have no right over the suit property and any gift deed or sale deed executed by Defendant No.1 in favour of other Defendants are null and void. It was further pleaded by the Plaintiff that Defendant No.1 for sale consideration gave a cheque amounting to Rs.12,66,000.00 to the Plaintiff but the said cheque was not in cashed and the sale consideration was not received by the Plaintiff. It was further pleaded by him that Defendant No.1 requested him to present the cheque after two months and when he went to the Bank of Defendant No.1, it was orally informed by the bank that no fund is available in the account of Defendant No.1. Thereafter, when the Plaintiff presented the cheque into his account, the Bank denied accepting the cheque, as the limitation to present the cheque has already been expired. Thereafter, the Plaintiff asked Defendant No.1 to give a fresh cheque then it was told by Defendant No.1 that he will provide him the sale consideration amount in cash. But, Defendant No.1 failed to pay the consideration amount till 27/6/2019, therefore, the suit was filed by the Plaintiff.

(3.) After issuing summons, Defendants/Applicants appeared before the Trial Court and filed an application under Order VII Rule 11 of the Civil Procedure Code, 1908, on the ground that the suit was preferred by the Plaintiff is time barred suit and the Plaintiff has not valued the suit properly.