MOMIN HASAMBHAI NURMOHAMADBHAI Vs. CHAUHAN DHANSIN ANOPSINH

JUDGEMENT

(1.) The present application has been filed by the original defendants Nos. 1 to 4. They are aggrieved by the judgment and order dated 27.04.2016 passed by the learned Principal Judge, Satlasana in application below Exh.24. By such order, the application preferred by the applicants under Order 7, Rule 11 of the Code of Civil Procedure has been rejected.

(2.) The respondents Nos. 1 and 2 who are the original plaintiffs, had filed Regular Civil Suit No. 4 of 2015. It was their case that as far as land being survey Nos. 265 and 266 at Satlasana are concerned, a declaration be issued that they are in possession. It was their case that the sale deed executed on 17.07.1997 in favour of the present applicants was a deed entered into fraudulently, and therefore, a prayer was made for cancellation of such sale deed.

(3.) According to the plaintiffs, it was only 20 days prior to the institution of the suit that when the defendants came to take over possession of the suit property did the plaintiffs come to know of the disputed sale deed, and therefore, on 23.02.2015 a suit for possession was filed.