K.CHANDRALEKHA Vs. S.RAVIKUMAR

JUDGEMENT

(1.) The appellant is the 5th defendant in a suit for declaration to declare various sale deeds executed commencing from the year 1991 to 2010 as null and void; for a direction to the District Revenue Officer to cancel the patta issued to the defendants 1 to 19 and to issue fresh patta to the plaintiff and his family members; for a mandatory injunction directing certain defendants to remove illegal construction put up by them; for permanent injunction restraining the defendants 1 to 19 from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property and for permanent injunction restraining the defendants 1 to 19 from encumbering the suit property.

(2.) The first respondent herein is the plaintiff in the above suit. The appellant herein as the 5th defendant filed I.A.No.126/2014 under Order 7 Rule 11 CPC for rejection of the plaint on the ground that the suit is barred by limitation as the challenge against the sale was made beyond the period of limitation.

(3.) The said application was opposed by the plaintiff by filing a detailed counter affidavit by contending that the suit is not barred by limitation as the plaintiff in the mean time, had initiated proceedings before the Revenue authorities which ended only in the year 2011.