SONI PROMOTERS PRIVATE LIMITED Vs. SANJAY KUMAR BANSAL

JUDGEMENT

(1.) Impugned herein is an order dtd. 23/8/2021 passed by the learned trial Court, whereby two applications, both under Order 7 Rule 11 CPC filed by the defendants (respondents herein)have been allowed. The objections raised therein that the suit is not maintainable for non-affixation of the requisite stamp duty on the plaint has been accepted.

(2.) Petitioners' Companies jointly filed a suit seeking declaration that they are owners in possession of the suit land situated at Mauja Hansi, Tehsil Hansi, District Hisar, inter alia on the basis of mutation nos. 10285, 10286, 10289, 10290, 10291 and 10368, which were entered and sanctioned on 22/11/2013, sale deed no. 6871 dtd. 20/1/2014 was executed in their favour, as more particularly stated in para No.7 (A) of the petition herein. Further assertion is that vide a subsequent sale deed bearing Vasika No. 1299 dtd. 15/6/2017 executed by defendants No.l and 2 in favour of defendant No.3, the suit property could not have been sold. The plaintiffs are the real owners in possession. Sale deed dtd. 15/8/2017 is a result of fraud and mis-representation and not binding on the interest of the plaintiffs.

(3.) 1 have heard the rival contentions of learned counsel for the petitioners and learned counsel appearing on behalf of respondent No. 3-caveator.