NIRMAL CHAND Vs. RAM LAL

JUDGEMENT

(1.) Petitioner is defendant in Civil Suit No. 353 of 19.11.2008, that has been filed by the respondent against him for declaration to the effect that he (respondent) is exclusive owner and occupier of the suit house that had been purchased by him through his funds vide sale deed dated 07.03.2009 from Kamal Kishore for sale consideration of Rs. 4,50,000/-. It has been averred that the recital in the sale deedto the effect that property has been purchased in equal shares by the parties, herein, has no force of law and notwithstanding this recital in the impugned sale deed, he (respondent) continues to be exclusive owner and occupier, thereof.

(2.) Permanent injunction has also been sought by the respondent seeking to restrain petitioner from usurping the suit house and from alienating the half share, therein, in any manner. During the pendency of the suit, the petitioner, herein, who is defendant before the trial Court filed application under Order 7 Rule 11 CPC for rejection of plaint for not paying ad valorem Court fee, as per the sale consideration set out in the sale deed. Besides, he averred that suit filed by the respondent is not maintainable, as it has been filed beyond the period of limitation.

(3.) Consequently, prayer for acceptance of application was, thus, made.