AMIT BEGWANI Vs. RANU PARUI

JUDGEMENT

(1.) This Civil Revisional application has been filed under Article 227 of the Constitution of India challenging the impugned order dtd. 23/6/2022 passed by the learned Civil Judge (Junior Division) at Ghatal, Paschim Midnapore in Title Suit No. 68 of 2021 dismissing the application of the petitioner-defendant no.1 for rejection of plaint.

(2.) The brief fact in nutshell is that the opposite party no.1-plaintiff filed a suit for declaration and injunction being Title Suit No. 68 of 2021 against the petitioner-defendant no.1 and proforma defendant no.2-opposite party no.2, contending inter alia as follows:

(3.) The petitioner-defendant no.1 in the aforesaid suit filed an application under Order VII Rule 11 of the Civil Procedure Code for rejection of the plaint on the ground that prior to registration of the deed of gift in favour of the plaintiff on 30/8/2019, the proforma defendant no.2 already transferred by way of two sale deeds executed and registered on 28/6/2019 and 9/7/2019 respectively, the entire 16 annas share in 'Ka' schedule property in favour of petitioner-defendant no.1 upon payment of full consideration amount. Thus the proforma defendant no.2 did not have the right, title and interest over the property to make further gift of such property subsequently in favour of the plaintiff, his wife. The plaintiff cannot claim her right, title and interest over the property in question on the basis of an illegal deed which was registered two months later. Further mutation of the property in question in the revenue records has also been done in favour of petitioner-defendant no.1. On such count, the petitioner-defendant no.1 prayed for rejection of the plaint for want of distinct cause of action.