GULREJ & OTHERS Vs. MD. SABIR & ANOTHER

JUDGEMENT

(1.) The petitioner/defendants have filed the present revision being aggrieved by order dated 11.2.2019 whereby application filed u/s. 9 read with Order 7 Rule 11 of the C.P.C. has been dismissed.

(2.) Facts of the case, in short, are as under :

(3.) Shri Sunil Verma, learned counsel for the petitioner, submits that though the plaintiffs are claiming the relief of permanent injunction, but according to them, sale-deed dated 12.5.1971 is 'Benami' transaction, hence the suit is barred and liable to be dismissed under Order 7 Rule 11 of C.P.C. In support of his contention, he has placed reliance over the judgment of apex Court in the case of R. Rajagopal Reddy V/s. Padmini Chandrasekharan : 1995 MPLJ 402 and judgments of this Court in the case of Anand Kumar V/s. Vijay Kumar : 2012 (3) MPLJ 129; Shantabai V/s. Pushkarlal : 2012 (1) MPLJ 423; Kallu Khan V/s. Abdul Aziz : 2007 (4) MPLJ 498; Jagdish Prasad Agrawal V/s. Rajkumar : 2006 (2) MPLJ 603; Govind Sharan V/s. Har Govind : W.P. No.1911/2006 decided on 27.3.2012; Mukesh V/s. Shantilal : C.R. No.262/2007 decided on 10.8.2011; Khateeja Bai V/s. Union of India : F.A. No.160/1988 decided on 12.7.1993; Smt. Kamlesh V/s. Devendra Bahadur : S.A. No.269/1992 decided on 28.8.2006; Anand Kumar V/s. Vijay Kumar : C.R. No.409/2011 decided on 26.4.2012; Sita Bai V/s. Smt. Sadda Bai : C.R. No.9/2012 decided on 2.11.2017.