VIJAY KUMAR GOYAL Vs. SANJAY GOYAL AND OTHERS

JUDGEMENT

(1.) This is a petition under Article 227 of Constitution of India for setting aside the order dated 15.11.2011 passed by learned Civil Judge (Junior Division), Ludhiana, vide which the application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (for short, "C.P.C.") filed by the petitioner for rejection of counter claim was dismissed.

(2.) A matrix of the facts from which the instant revision cropped up are that petitioner-revisionist Vijay Kumar Goyal filed a suit for grant of specific performance of agreement of sale dated 14.03.2011 executed by Surinder Kumar (respondent No.2) in his favour with regard to land measuring 24 Kanals 13 Marlas, situated at village Ghawadi, Tehsil and District Ludhiana. He also sought a decree of declaration to the effect that the transfer deed dated 07.04.2011 allegedly executed by Surinder Kumar in favour of his son Sanjay Goyal is illegal, null and void and had been executed just to defeat his (petitioner's) legal and valuable right. Further, as a consequential relief, a decree for permanent injunction restraining Surinder Kumar and others (defendants in the suit) from alienating the suit land and from interfering in his possession or dispossessing him from the suit land, was sought.

(3.) Respondent No.1 Sanjay Goyal appeared and filed a counter claim praying for a decree of possession of the suit land on the basis of transfer deed bearing vasika No.26 dated 07.04.2011 executed in his favour by his father Surinder Kumar. Petitioner-revisionist filed an application under Order 7 Rule 11 read with Section 151 C.P.C. for rejection of counter claim.