KALYANSINGH NAGAR Vs. RAJKUNWARBAI

JUDGEMENT

(1.) The defendant has filed the present revision u/s. 115 of the C.P.C. being aggrieved by order dated 18.7.2018 passed by 2 nd Civil Judge, Class-I, Sonkachh, District Dewas, whereby the application under Order 7 Rule 11 of C.P.C. filed by him, has been rejected.

(2.) Respondent No.1 being the plaintiff filed a suit for declaration of title and declaration of registered sale-deed dated 2.3.2017 executed by her, is void and not binding on her. She has also sought the relief of permanent injunction.

(3.) According to the plaintiff, she had inherited the suit land bearing Survey Nos. 307, 336, 361, 363, 963, 969 and 987, total area 4.90 Acres in Village Ghattiyabhana, Tehsil Sonkachh, District Dewas. It is important to mention here that the present petitioner/defendant is step son of plaintiff. According to the plaintiff, on 2.3.2017, defendant has fraudulently got registered gift- deed in his name and according to gift-deed, two Hect. land out of 3.13 Hect. of Survey No. 361 said to have been gifted to him by the plaintiff. On the basis of aforesaid cause of action, plaintiff filed the suit.