PANKAJ SARAF Vs. SHAILENDRA KUMAR PATEL

JUDGEMENT

(1.) The present revision has been filed challenging the order dtd. 4/2/2026 passed by the trial Court whereby the trial Court has rejected the application under Order 7 Rule 11 CPC for rejection of plaint.

(2.) A suit for declaration of title and permanent injunction has been filed before the trial Court on the assertion that the plaintiff be declared owner of the suit land and a consequential permanent injunction be granted. A further relief is sought that an agreement to sale dtd. 24/3/2025 wherein the plaintiff is not party, be declared null and void as against the rights of the plaintiff.

(3.) The plaintiff has purchased the land in respect to which there was an agreement to sale with the defendant by the original vendor. Plaintiff has sued for declaration on the basis of his sale deed and to declare that the agreement to sale executed by the earlier owner in favor of the present petitioner null and void as against the rights of the plaintiff. The plaintiff has not sued to challenge or avoid any registered title document, but he is only seeking to avoid an agreement to sale. The case of the petitioner-defendant before this Court is that the plaintiff ought to have valued the suit as per the valuation mentioned in the sale deed and in fact, as per the market value of the land.