TARA CHAND YADAV Vs. SAROJ

JUDGEMENT

(1.) This is a revision petition directed against order dtd. 18/8/2023 passed by Civil Judge (Jr. Divn.), Gurugram whereby application filed by the petitioner under Order 7 Rule 11 Code of Civil Procedure stands dismissed.

(2.) Plaintiff filed suit seeking decree of declaration to the effect that she is owner and is entitled to possess half share of suit property and the defendants do not have sole right, title or interest in the same. Further decree of declaration was sought with respect to sale deed bearing vasika No.23588 dtd. 3/3/2023 registered at Wazirabad, Tehsil and District Gurugram claiming that the same was result of fraud. Further prayer was for grant of decree of permanent injunction restraining defendants including the present petitioner and his associates/agents from selling, alienating or creating any third party right or interest in the suit property. Claim of the plaintiff was based upon the fact that she also contributed to the purchase of the property and there was MOU signed between her and the defendant. Thus, she being full partner was entitled to possess the property. An application was filed by the present petitioner seeking rejection of the plaint claiming that the same was barred under the provisions of Prohibition of Benami Property Transactions Act, 1988 and that of Income-tax Act as plaintiff claimed cash transactions.

(3.) Trial Court dismissed the suit holding that the case pleaded by the petitioner seeking rejection of plaint does not fall within the parameters of Order 7 Rule 11 and there is no bar under law to bring the suit. So far as cash transactions are concerned, there may be an offence under the Income-tax Act, but that does not bar the plaintiff from filing the suit.