MANGALDHAM PROPERTIES LLP Vs. RAVI AGARWAL

JUDGEMENT

(1.) Order dated September 29th, 2016 passed by Civil Judge (Senior Division) 2nd Court Alipore, passed in T.S. No. 20521 of 2013, has been assailed in the present Application, wherein the court below has rejected defendant's application under order VII rule 11 of the Code of Civil Procedure, seeking rejection of plaint.

(2.) Present opposite parties filed a suit for declaration for cancellation of deeds, permanent injunction, damages and other ancillary reliefs against the petitioners being aforesaid T.S. No. 20521 of 2013. In the said suit opposite party herein claimed that they are the absolute owners of the suit property, which is still under their possession. Previously on one occasion opposite party no. 1 and 2 had to go to Hyderabad for medical treatment and on good faith the opposite parties empowered defendant no.4, Mr. Baid to look after the suit property. It is alleged in the plaint that Mr. Baid misused the trust of the opposite parties and got one power of attorney executed fraudulently and taking advantage of the same he executed and registered a sale deed in favour of defendant no. 3 on January, 5 2010, setting up defendant no. 7 as an alleged creditor of opposite party no. 1 herein. On October 8, 2012 defendant no. 3 executed a deed in respect of the suit property in favour of defendant no. 1 and 2.

(3.) Main allegation levelled in the plaint is that the petitioners along with the proforma opposite parties herein in collusion with each other practiced fraud, which has affected the right title interest of the opposite parties with regard to suit property. They transacted most illegally with defendant no.8 and 9 with malafide intention, inspite of subsisting right, title, interest of the opposite parties in the suit property, with object to illegally earn money. Accordingly opposite parties filed aforesaid suit.