MOHAMMED YAKUB Vs. SMT. SHAHNAZ BI

JUDGEMENT

(1.) Heard. This application is directed against the order dated 07.02.2018 whereby the application preferred by the applicants/defendants under Order 7, Rule 11 of CPC is disallowed by the court below.

(2.) In a suit for declaration and permanent injunction filed by the plaintiff, the defendants filed aforesaid application under Order 7, Rule 11 CPC on 22.1.2018.

(3.) Shri Nayak submits that the first cause of action has arisen in favour of plaintiff on 14.05.2013. The limitation is to be counted from the date of first cause of action. The plaintiff has filed any application to declare the sale deed dated 14.07.2016 as null and void. The suit property was sold by the defendants on 14.5.2013, which was within the knowledge of Baitun Bi. The suit was barred by time. The plaintiff is seeking title and possession of suit property whereas the suit property is already in possession of the defendants. In support of his contention, he placed reliance on (2002) 10 SCC501 (Raj Narain Sarin and others v. Laxmi Devi and others) , (2016) 1 SCC-332 (L.C.Hanumanthappa v. H.B.Shivakumar) , (2014) 14 SCC-254 (Suresh Kumar Dagla v. Sarwan and another) , (2011) 3 MPHT-426 (Babulal Jain &others v. Achal Kumar Bhatia and others) and 2011 (4) MPLJ-493 (A.K.Ghosh v. Dhruv Kumar Haryani and another) .