SUBHASH CHANDRA Vs. DEVI AHILYABAI HOLKAR EDUCATIONAL TRUST THRU MAHARANI USHADEVI THRU POWER OF ATTORNEY KAMALJE

JUDGEMENT

(1.) Applicant/Defendant has filed this revision under Section 115 r/w Section 151 of the CPC, being aggrieved by the order dated 06.08.2016, passed by th XII Additional Civil Judge, Class-II, Indore in Civil Suit No.71-A/2016 by which, application under Order 7 Rule 11 of the CPC has been rejected.

(2.) The Plaintiff-Devi Ahilya Bai Holkar Educational Trust filed a suit for declaration, permanent injunction, eviction, taking possession and recovery of lease rent against the defendants. According to the plaintiff, land in dispute being Survey No.1465, area admeasuring 1.48 acre, situated at Kesar Bagh Road, Indore was owned by the trust and leased out to defendant No.1 to 4, vide registered lease deed dated 15.04.1993 for the period of 50 years. After execution of deed, a premium amount of Rs.11,50,000/- was paid and annual lease rent of Rs.18,000/- per year was agreed to be paid.

(3.) In the said suit premises, there was a motor garage since the period of Holkar Estate. It is alleged that defendant Nos.1 to 4 has demolished the said garage and sold the land to defendant Nos. 5 and 6 by sale deed dated 14.11.2008. This fact came to their knowledge when the name of defendant No.5 was recorded in the revenue record and the certified copy was obtained on 16.09.2013.