DHANNA RAM Vs. SHRAWAN & ORS

JUDGEMENT

(1.) The present appeal has been taken up for final disposal at admission stage as per the order dated 28.5.12, considering the impugned decree under challenge passed by the trial court.

(2.) The present appeal arises out of the judgment and decree dated 5.10.07 passed by the District Judge, Sikar (hereinafter referred to as 'the trial court') in Civil Suit No. 1/06, whereby the trial court has dismissed the suit of the appellant-plaintiff under Order 7 Rule 11 of CPC.

(3.) The short facts giving rise to the present appeal are that the appellant-plaintiff had filed the suit seeking cancellation of sale-deed dated 17.10.05 executed by the respondent Nos. 1 to 4 in favour of respondent No.5. It was alleged in the plaint interalia that the respondent Nos. 1 to 4 (defendant Nos. 1 to 4) had mortgaged their property being Khasra No. 250 admeasuring 1.52 hectares situated at village Khatu Shyamji to the plaintiff for Rs. 1,50,000/- and delivered the possession of the same to the plaintiff. It was further alleged that the said defendant Nos. 1 to 4 had also executed the mortgage-deed in favour of the plaintiff in this regard. Subsequently, the defendant Nos. 1 to 4 sold out the said property to the defendant No. 5 by executing the sale-deed on 17.10.05. The appellant-plaintiff, therefore, filed the suit before the trial court seeking cancellation of the said sale-deed and also for permanent injunction as prayed for in the suit. In the said suit the defendant Nos. 1 to 4 filed an application under Order 7 Rule 11 of CPC seeking rejection of the plaint on the ground that the suit was barred under the provisions contained in Section 42 of the Rajasthan Tenancy Act. The trial court allowed the said application of the defendants and rejected the plaint of the appellant-plaintiff under Order 7 Rule 11 of CPC vide the impugned judgment and decree dated 5.10.07. Being aggrieved by the same the present appeal has been filed.