PREMJIT SINGH Vs. LALLAN SINGH

JUDGEMENT

(1.) Heard Mr.Kumar Uday Singh, learned counsel appearing for the petitioners.

(2.) This revision application has been filed against the impugned order by which the learned court below has rejected the petition filed by the defendant-petitioners praying for rejection of the plaint under Order 7 Rule 11 C.P.C. The suit has been filed by the plaintiff-opposite party no.1 for declaration of title over the suit land with further declaration that the two sale deeds dated 05.03.1974 executed by Brij Bala Singh in favour of Kundal Singh with regard to the Schedule-II land which is part of Schedule-I land are illegal, null and void. The defendants have filed their written statement wherein they took specific plea that the vendor of the defendants acquired title over the suit property through purchase from predecessor-in-interest of the plaintiff. The defendants have claimed their right, title and interest on the basis of the sale deeds dated 05.03.1974 whose legal validity they have asserted. During the pendency of the suit, the defendants have filed the petition praying for rejection of the plaint on the ground that the plaintiff has suppressed the material facts particularly the fact regarding the earlier sale deed in favour of the vendor of the defendants and also on the ground that the suit is barred by limitation in view of the challenge to the sale deed of the year 1974 in the suit filed in the year 2013.

(3.) After considering the submissions, materials on record and the impugned order, it is manifest that the plaintiff has come out with the case of acquisition of right, title and interest of the suit land described in Schedule-I of the plaint. The plaintiffs have further stated that they have got the knowledge of the two sale deeds dated 05.03.1974 in favour of the defendants only in the year 2012. After stating the facts and the cause of action for filing the suit, the plaintiffs have filed the suit for the aforementioned reliefs.