AJAY RAMESH CHAUDHARY Vs. MILIND JANARDAN BHALERAO

JUDGEMENT

(1.) The applicants/original defendants No. 3 and 4 have filed present revision application impugning the order dtd. 3/10/2017 passed below Exhibits 1 and 20 in RCS No. 58 of 2014 by which their prayer for rejection of plaint under Order 7 Rule 11(a) of CPC has been declined.

(2.) Respondent Nos. 1 to 6 instituted RCS No. 58 of 2014 seeking the relief of partition, separate possession of suit land so also declaration that sale deed dtd. 28/11/1963 executed by defendant No.1 in favour of Sushilabai ' grandmother of defendant Nos. 3 and 4, is invalid and not binding over the rights of plaintiffs.

(3.) It is contention of plaintiffs that suit land bearing Survey No. 371/4, Gat No. 1031 was originally owned by Pitambar Dashrath Bhalerao -Defendant No.1. He was enjoying same as owner as well as Karta of joint family. The land was inam re-granted in name of defendant No. 1. There was no partition of suit land. Defendant No.1, without legal necessity, transferred suit land in the name of Sushilabai Chaudhari i.e. grandmother of defendant Nos. 3 and 4 under registered sale deed dtd. 28/11/1963. According to plaintiffs, sale deed has been executed without consent of the other family members. Defendant No.1 had no right to transfer the land. According to plaintiffs, prior to institution of suit, when they asked for partition to defendant No.1, he refused to do so, as land is sold out. As such, cause of action arose to file the suit.