SK. MAJNU Vs. LOCHAN SAHOO

JUDGEMENT

(1.) IN this writ application, petitioners have assailed legality of the order dated 12.11.2010 passed by the learned Civil Judge (Junior Division), Pipili in C.S. No. 22 of 2010 rejecting the petition purported to have been filed under Order 7 Rule 11(a),(b) and (d) read with Section 151 of the C.P.C. with a prayer to reject the plaint. Opposite parties are the plaintiffs and petitioners are defendants in the suit.

(2.) PLAINTIFFS in the suit have prayed for following reliefs:

(3.) PLAINTIFFS case is that both the defendants colluded together to hatch a plan to grab the suit land from him. Defendant no.1 contacted the plaintiffs for purchase of plaintiffs share of land in mouza Dhauli for which he paid consideration amount and brought the plaintiffs on 16.2.2010 to the Bhubaneswar Sub -Registrar office where plaintiffs were required to execute, instead of sale deed, a Power of Attorney in respect of plaintiffs share of land in mouza Dhauli. On being asked by the plaintiffs, defendant no.1 told that he was not ready with adequate expenses for execution of sale -deed. It is alleged that later suit land was fraudulently included in the schedule of property of the Power of Attorney. On the strength of such fraudulent entry in the Power of Attorney defendant no.1 executed registered sale deed dated 2.3.2010 in respect of the suit land for a consideration amount of Rs.10,62,000/ -. It is further alleged in the plaint that intentionally in the sale deed consideration amount of suit land was inflated. For the purpose of jurisdiction and court fee the suit has been valued at Rs.5,200/ - i.e. Rs.5,100/ - for the relief of declaration and Rs.100/ - for consequential relief of permanent injunction.