MEETA AGARWAL Vs. HATHROIGARI GRAH NIRMAN SEHKARI SAMITI

JUDGEMENT

(1.) This appeal is directed against the order dtd. 17/8/2021 passed by the Court of learned Additional District and Sessions Judge No. 9, Jaipur Metropolitan -II, Jaipur (for short 'the learned court below') in Civil Suit No. 56/2020 (484/2012) (36/2008) CIS No. 1551/2014 titled as Meeta Agarwal v. Hathroigari Grah Nirman Sehkari Samiti and Ors. by which the application filed by the defendants respondents has been allowed and the plaint has been ordered to be returned under Order 7 Rule 10 CPC for filing the same before the Competent Court.

(2.) Before deciding the controversy, it is necessary to mention the facts of the case. The plaintiff-appellant (hereinafter referred as the 'plaintiff') filed a suit for declaration, possession, damages, mandatory and permanent injunction with regard to the disputed property described in Para 1 of the plaint. It was stated in the plaint that the disputed property was purchased by the plaintiff from one Balram vide agreement dtd. 4/1/1992 and the possession of the same was handed over to the plaintiff by said Balram. On 15/6/1996, allotment letter was also transferred in favour of the plaintiff by the defendant. Thereafter, boundary wall was constructed around the disputed property. When the father of the plaintiff visited the site on 3/2/2006, then he found that certain Land Mafias had broken the locks of the plot by trespassing upon it. When he asked them about the right, title of the property in question, then they started quarreling with the father of the plaintiff. An FIR was also lodged in this regard and finally the instant suit has been filed before the learned court below.

(3.) The defendants respondents (hereinafter referred as the 'defendants') submitted written statement of denial to the plaint and denied the averments made in the plaint. Reply of the defendant with regard to Para Nos. 24 and 25 of the plaint is as under:-