SUSHIL KUMAR KATHOORIYA Vs. SPAN INFRADEVELOPERS PVT. LTD.

JUDGEMENT

(1.) This revision has been preferred against the order dtd. 23/1/2017 passed by Civil Judge (S.D.) Bareilly, in original suit no. 12 of 2017 (Span Infra Developers Pvt. Limited Vs. Sushil Kumar Kathooriya) by which learned Court below has rejected the application 36A moved by the defendants under Order 7 Rule 11 CPC.

(2.) In brief, facts of the case are that the plaintiff Span Infra Developers-opposite party no. 1 filed the aforesaid suit against the defendant-revisionist for a relief of permanent injunction in respect of property shown by letters (v u x c) in the plaint map. As per the plaint, 1/5th of the total area of gata no. 14 area 4 bigha 7 biswa, gata no. 15 area 9 biswa, gata no. 16 area 17 biswa, gata no. 17 rakabai 10 biswa, gata no. 18 area 13 biswa, gata no. 19 area 13 biswa, gata no. 20/1 area 13 biswa, gata no. 21 area 9 biswa, gata no. 22/1 area 8 biswa, gata no. 23/1, area 1 bigha, gata no. 24/1 area 2 biswa 10 biswansi total 30100 yard of i.e. 6020 square yard was under the ownership and in possession of Laxmi Sahakari Awas Samiti Ltd. through Satish Kumar Agrawal as secretary. This land was purchased by three sale-deeds from its previous owners in the year 1986 and the name of the society was also mutated. On the basis of consent and mutual oral partition, the society came into possession of the property shown by letters Ka Kha Ga and Gha in the plaint map. Apart from this, the society had also got some property of gata no. 23/1 on the east side of the road which has also been sold by the society.

(3.) On 14/6/2005 through registered sale deed society sold an area of 1315.87 square yard to Sarnath Infrastructure Pvt. Limited, Bareilly, after getting adequate consideration and also delivered the possession of the sold land which is shown by the letters M, N, G and Gha.