HARISHBHAI NAGINBHAI PATEL Vs. JIGNESHBHAI RAMANBHAI PATEL

JUDGEMENT

(1.) The appellant is the original plaintiff. He has challenged the judgment and decree dated 22.02.2017 passed by the learned Additional Senior Civil Judge, Surat in Special Civil Suit No.573 of 2014. By such judgment, the trial Court rejected the plaint of the present appellant in exercise of powers under Order 7, Rule 11 of Code of Civil Procedure.

(2.) The brief facts are as under;

(3.) According to the plaintiff, after his family had purchased the suit lands, there were certain difficulties in the transfer of their names in the revenue records. The defendant no.3 Mayurbhai Chandrakant Patel had good relations with the family of the plaintiff. He promised to help his family in removing the defects. He obtained the signatures of the plaintiff and defendant nos.4 to 6 on blank papers conveying that application would have to be made before the Bank and Gujarat Electricity Board. He also obtained the photographs of the family members. He misused such documents and created a bogus Power of Attorney. With the aid of such Power of Attorney, he sold the suit lands to defendant no.1. The plaintiff and other family members never received any sale consideration. The purchaser had sought entry in the revenue entry no.6321, to which the plaintiff had objected. The Mamlatdar accepted the objections and cancelled the entry, leaving the rights of the parties to approach the Civil Court for establishment of their titles open. Despite such order, the defendant no.1 applied again and revenue entry no.6729 was certified on 21.03.2012 without any notice to the plaintiff. The defendant no.1, thereafter, sold the suit lands to defendant no.2 under a registered sale deed dated 04.07.2012.