PAPPAIYA BALRAJ PONNAMWAR Vs. WAMAN NANAJI MANAVAT

JUDGEMENT

(1.) By this revision application, the applicant (original defendant) has challenged order dated 08/03/2019 passed by the Court of Civil Judge, Junior Division Korpana in Regular Civil Suit No.253 of 2018, whereby an application for rejection of plaint (Exhibit-16), filed on behalf of the revision applicant stood rejected.

(2.) The brief facts leading to filing of the present revision application are that the respondents herein (original plaintiffs) filed a suit for declaration and permanent injunction on 30/08/2018 before the Court below seeking a declaration that registered sale deed dated 19/04/1990 executed by the respondents in favour of the applicant was not binding on them and that they be declared as owners of the suit property. Another prayer made in the suit was to permanently injunct the applicant from disturbing the peaceful possession of the respondents in the suit property. It was claimed on behalf of the respondents in the plaint that the said sale deed had been executed as a matter of security for a money lending transaction that the parties had entered into. It was claimed that upon return of the loan amount, the said document was expected to be cancelled. It is further claimed that the amount was indeed returned, but the consequent action of cancellation of the sale deed had not taken place.

(3.) According to the respondents, the cause of action for filing the aforesaid suit accrued to them when some time in July, 2018, the respondents received a notice from the Competent Authority on an application moved by the revision applicant for mutation of his name in respect of the suit property in the record of rights. According to the respondents, due to receipt of the said notice, they became aware about the fact that the revision applicant intended to act upon the said document, triggering the cause of action for filing the aforesaid suit.