MOHD FAROOQ Vs. ANEESA BEGUM

JUDGEMENT

(1.) THE revision petition has been filed under Section 115 of the Code of Civil Procedure ('CPC' in short) against the order dated 15-12-2010 passed by the learned Senior Civil Judge whereby the application of the petitioner-defendant under Order VII Rule 11 CPC for rejecting the plaint in the suit for possession, injunction and damages filed by the respondent no.1-plaintiff herein in respect of a piece of land measuring 200 sq. yds. forming part of Khasra No. 378/172, Johri Farm, Noor Nagar Extn., Jamia Nagar, Okhla, New Delhi (hereinafter to be referred to as the 'suit land') was dismissed.

(2.) THE relevant facts are that the respondent No.1 filed a suit for possession, permanent injunction and damages against the petitioner and respondent no.1 herein in respect of the suit land alleging that she was the owner thereof having purchased it from its erstwhile owner Rashiduddin who had executed in her favour an agreement to sell, general power of attorney etc. on 16.05.2009. It was further claimed in the plaint that on 2.11.09 she found that the defendants (petitioner and respondent no.2 herein) had unauthorisedly occupied her land. THEreafter criminal complaint was lodged with the police. Primarily, on these allegations the suit was filed.

(3.) FEELING aggrieved, the petitioner only, who was arrayed as defendant no. 1 in the suit has challenged the said order of the trial Court, while his co-defendant, respondent no.2 herein, has not formally challenged the same by filing any separate petition but through his learned senior counsel has orally supported the petitioner's arguments advanced by his learned senior counsel.