BIJAN KISHORE MOHANTY Vs. KANAKALATA DAS @ MOHANTY

JUDGEMENT

(1.) The plaintiff-appellant has filed this appeal challenging the concurrent judgments passed by the learned courts below rejecting the plaint under Order VII, Rule 11 C.P.C. on the ground that the plaintiff s suit does not disclose a right in him to sue and is tainted with an illusory cause of action.

(2.) The plaintiff filed the suit, being, C.S. No.527 of 2009, before the learned Civil Judge (Senior Division), Puri for declaration of his contingent interest over the suit property and for permanent injunction restraining the defendant no.1 from alienating the suit property either herself or through her agent. The plaintiff is the son of the defendant no.1 (mother). The defendant no.1 inherited the suit property from her parents by way of succession. According to the plaintiff, the defendant no.1 is not in a fit mental condition to deal with the suit property, as she is easily influenced and has no independent thought because of her illness. Taking advantage of such situation, the defendant no.2, who is the younger brother of the father of the plaintiff, has got a Power of Attorney executed by the defendant no.1 in favour of the defendant no.3.

(3.) After appearance of the defendants, an application was filed by them under Order VII, Rule 11 C.P.C. for rejection of the plaint on the ground that the plaintiff has got no semblance of right, title and interest or possession over the suit property. The defendant no.1 succeeded to the suit properties, which belonged to her mother and after the death of her mother, it has been recorded in the name of the defendant no.1