SHEIKH MUKHTAR Vs. SHEIKH EHSANULLAH

JUDGEMENT

(1.) Heard Mr. Rajendra Narayan, the learned senior counsel appearing for the defendant-petitioner and the learned counsel for the respondent.

(2.) Calling in question the legal sustainability of the impugned order by which the learned court below has turned down the prayer on behalf of the defendant for rejection of the plaint under Order 7, Rule 11 (d) C.P.C., the present application under Art. 227 of the Constitution of India has been filed.

(3.) The T.S. No. 84/2011 has been filed by the plaintiff and from the perusal of the plaint (Annexure-1) , it is manifest that the prayer has been made for execution of a registered sale deed by the defendant on the basis of Mahadnama dated 29.05.1997 with regard to suit property described in Schedule-I of the plaint. The further relief is for confirmation of possession of the plaintiff over the suit property. The petition was filed by the defendant for rejection of plaint on two grounds, firstly, that as the Mahadnama dated 29.05.1997 was not a registered document, the suit was not maintainable for the relief as claimed by the plaintiff and secondly that the suit was barred by limitation as the same has been filed for specific performance of contract after lapse of 14 years. The court below has rejected the said petition filed on behalf of the defendant.