SUKHWINDER KAUR Vs. AMARJIT SINGH

JUDGEMENT

(1.) This defendant No. 4's revision is directed against the order dated March 25th, 2011 (Annexure P-5) passed by Civil Judge (Junior Division), Ludhiana whereby application filed by the defendants No. 1, 3 and 4 under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint, was dismissed. Amarjit Singh-plaintiff-respondent No. 1 filed suit for possession by way of specific performance of agreement to sell dated July 22nd, 2008 executed by Sangeeta-defendant No. 1 through her attorney Sharanjit Singh Sodhi in favour of the plaintiff with respect to the property mentioned in the head note of the plaint. The plaintiff also sought a decree of declaration to the effect that sale deed dated December 20th, 2010 subsequently executed by defendant No. 1 in favour of defendants No. 3 and 4 be declared null and void. A decree of permanent injunction was also sought against the defendants.

(2.) During pendency of suit, the defendants moved application (Annexure P-3) seeking rejection of the plaint on the ground that the agreement to sell in question contains a recital that the possession of property in dispute has been delivered to the plaintiff. Hence, the same requires registration as per Section 17(1A) of the Registration Act, 1908 (for short "the Act").

(3.) As afore-stated, by impugned order (Annexure P-5), the application has been dismissed.