BABITA Vs. RAVINDER VERMA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 14.12.2011 rejecting the plaint under Order 7 Rule 11 CPC. In my opinion, though the conclusion arrived at by the trial Court is correct, really the provision which ought to have been applied, in addition to Order 7 Rule 11 CPC, was Order 12 Rule 6 CPC, inasmuch as, the suit was sought to be dismissed on certain admitted facts which were found on record. The impugned order, therefore, will be treated both as under Order 7 Rule 11 CPC as also under Order 12 Rule 6 CPC, inasmuch as, merely because an incorrect provision of law is mentioned or another provision of law which ought to have been mentioned is not mentioned, will not render an otherwise correct judgment as an incorrect judgment.

(2.) THE facts of the case are that the appellant/plaintiff entered into a collaboration agreement with defendant No. 1 on 22.9.2009. This collaboration agreement was for construction of property of the appellant/plaintiff bearing No. B-1/296, Yamuna Vihar, Delhi-110 053. The property was already constructed so far as the ground floor and the first floor are concerned, which floors were to be renovated by the defendant No.1, and, as per the collaboration agreement the appellant/plaintiff was to in addition receive a sum of Rs.27,50,000/-. The defendant No. 1 in consideration of performing his obligations under the collaboration agreement was to receive the second floor and the third floor of the suit premises which were to be constructed by him at his cost. The case of the appellant/plaintiff in the plaint was that the sale deed executed by the appellant/plaintiff in favour of defendant No. 1 on 15.3.2010 be declared illegal, and consequently, the subsequent sale deed executed on 30.4.2010 by defendant No. 1 in favour of the purchaser/defendant No. 2 be also declared void.

(3.) BEFORE proceeding further the provision of Section 55(4)(b) of the Transfer of Property Act, 1882 is required to be noted. The said provision reads as under:-