MANZOOR AHMED Vs. JAGGI BAI

JUDGEMENT

(1.) WRIT petition has been filed as against order dated 25-3-2009 passed by the trial Court rejecting an application filed by the defendants under Order 7 Rule 11 of CPC to reject the plaint on the ground that Trial Court was not having pecuniary jurisdiction as well as adequate Court fees was not paid.

(2.) THE plaintiff/respondent has filed the suit for declaration of title and confirmation of possession. Prayer has also been made to declare the sale deed dated 20th September, 2007 as null and void. Prayer for permanent prohibitory injunction has also been made.

(3.) PLAINTIFF has averred that plaintiff is the Bhumiswami of the land in question. Her age is 100 years, she is disabled also. Plaintiff No. 2 is residing with her and looking after agricultural operation. Plaintiff wanted to obtain the loan under the Kisan Credit Scheme for improving fertility of the land. She was assured by the defendants that for performing formalities, she would have to sign certain documents. Under the guise of processing the papers of Kisan credit Scheme, a sale deed was got executed which she had never executed. She has lodged objection on coming to know of the execution of sale deed and also lodged report at PS, Majhgawan. She has never sold the land and fraud was played. There was no question of receipt of consideration.