SUDHEER KUMAR SANGHI Vs. D TULASI DAS

JUDGEMENT

(1.) This appeal is filed against the order, dated 23.3.2007 passed by the Court of Senior Civil Judge, Mahabubnagar, rejecting the plaint in OS (SR) No.2674 of 2006.

(2.) The appellant filed the suit for the reliefs, viz., declaration of tide in respect of the plaint schedule property; declaration that three documents, viz., document Nos.231/ 01 dated 1.1.2001, 6291/01 dated 13.12.2001, and 2463/02 dated 22.5.2002, are void and inoperative in law, and recovery of possession of the schedule property. The matter was called on Bench for the purpose of numbering the suit. After hearing the learned Counsel for the appellant, the trial Court passed the order under appeal. It was observed that the appellant is claiming his rights under a Will, said to have been executed by his father, and at the same time, the transactions, covered by the documents, referred to above, which came into existence subsequent to the date of the Will, are also being challenged The trial Court expressed the view that, in case the cheque, issued towards the consideration for sale transaction, is not honoured, the remedy for the appellant is to take steps for recovery of the amount. Similar view was expressed in other aspects also. An observation was also made, as to the limitation, in filing the suit.

(3.) Learned Counsel for the appellant submits that various observations, made by the trial Court, touch the merits, and none of the ingredients of Rule 11 of Order VII of CPC, were found to be existing. He contends that a plaint cannot be rejected, on the ground that the relief, claimed under it, cannot be granted.