RAMSIYA Vs. RAMKATORI

JUDGEMENT

(1.) This Civil Revision under Section 115 of CPC is directed by the revisionist/defendant No.1 against the impugned order dated 1.3.12 passed by learned I Civil Judge Class I, Bhind in Civil Suit No.3A/2012, whereby the application filed by the defendant No.1 under Order 7 Rule 11 of CPC to reject the plaint on the ground that adequate Court fee was not paid has been rejected.

(2.) The respondent No.1/plaintiff has filed a suit for declaration of title, confirmation of possession and permanent injunction. There is also a prayer to declare the sale deed dated 24.10.11 as null and void. The relief sought by the plaintiff in the plaint runs as under:-

(3.) The plaintiff has pleaded that she is bhumi swami of the land in question. Her age is 80 years. She is blind, deaf and disabled. She wanted to get pension under the Nirashrit Avam Garib Mahilayo Ke Liye Pension Yojna. She was assured by the defendant No.1 that after completing the necessary formalities, she will get pension. On his assurance, she along with defendant No.1 went to the office of Collector, Bhind whereat he got executed the sale deed with regard to the disputed land by playing fraud and mis-representation. She has never sold the land and the consideration of the land as mentioned in the sale deed Rs.9,44,500/- has not been received by her and she has also not handed over the possession to the defendant No.1.