PRABODH PATHAK Vs. NIRMAL PARAKH

JUDGEMENT

(1.) The petitioner/plaintiff has preferred the instant writ petition under Article 227 of the Constitution of India, assailing the order dtd. 24/8/2021 passed by the learned XIIIth Civil Judge, Class-II, District Raipur in Civil Suit No. 149-A/2021 by which the learned trial Court though rejected the application file under Order 7 Rule 11 of C.P.C. but has directed the plaintiff/petitioner to affix the proper court fees on the valuation as mentioned in the sale deed.

(2.) Brief facts as reflected from the record are that the plaintiff has filed civil suit for declaring the sale deed dtd. 16/2/2021 as without jurisdiction, illegal and void and not binding upon the plaintiff with regard to property bearing Khasra No 644/462, area 560 sq.ft and Khasra No 644/663 area 50 sq.ft., total 610 area 610 sq.ft situated at Ward No. 68, Madhavrao Sapre Ward, presently Ward No. 69, Mouja Raipura, Patwari Halka No. 104/57, R.N.M, Raipur-1, Tahsil and District Raipur wherein a house in the ground and first floor have been constructed. It has been contended in the plaint that the plaintiff and defendants are known to each other. The plaintiff has taken some financial assistance by way of loan from defendant No. 1 to the tune of Rs.10.00 lacs on 7/7/2019 and 6/12/2019 Rs.10.00 lacs through cheque, as such, he has received Rs.20.00 lacs.

(3.) It has also been contended that the plaintiff by profession is an Advocate and when he was searching some document in the Registration Office, Raipur in connection with his professional work, it has come to his knowledge that on 16/2/2021 without intimation to the plaintiff, the suit property has been sold by him for sale consideration of Rs.10,00,000.00on 7/9/2019 and on 6/12/2019 Rs.10,00.000, thus total Rs.20,00,000.00which has been purchased by the defendant No.2. As such, the sale deed is without jurisdiction. It is also case of the plaintiff that the defendants with collusion of Deputy Registrar, executed the sale deed and also recorded their names in the revenue records, as such, the sale deed dtd. 16/2/2021 is void ab initio and without jurisdiction, illegal and not binding upon the plaintiff.