KEY PEE BUILDTECH PVT. LTD. Vs. SHAHJAHAN BEGUM

JUDGEMENT

(1.) The instant revision petition has been preferred by the defendant-petitioner impugning the order dt. 07/10/2011 whereby its application under Order 7 Rule 11 read with Section 151 CPC filed in a suit for cancellation, declaration, possession and injunction has been disallowed.

(2.) The brief facts germane to resolve the controversy are stated as under:

(3.) That on 21/12/2010, the plaintiff instituted a suit against the defendant for cancellation of a registered sale deed dt.11/09/2007 alongwith recovery of possession and other reliefs. In the plaint, the plaintiff avers that she alongwith other co-owners of the suit property agreed to sale the same to the defendant upon an oral contract, that a consideration of Rs.3 Crore would be paid by the defendant. The plaintiff further avers that she only understands Urdu language and is not able to read or write either English or Hindi language & the defendant on various occasions paid an amount of only Rs. 50 lacs in furtherance of the above agreed sale consideration. The plaintiff further pleads that the defendant got her signatures on blank papers and stamp papers and contracted that the rest amount of Rs. 2.5 Crore shall be handed over at the time of taking possession from the plaintiff. The plaintiff further avers that on 11/09/2007 the defendant alongwith certain men claiming to be the employees of the Office of the Registrar Department came to the plaintiff's house and assured the plaintiff that the balance of sale consideration of Rs.2.5 Crore shall be given to her at the time of obtaining possession of the suit property and the plaintiff claims in the suit that relying on such averments coupled with the fact that she was an illiterate lady, she signed and executed the document at her house without reading the contents of such document. The plaintiff then claims that in October 2009, the defendant came alongwith some policemen and other persons and tried to forcibly disposses the plaintiff and when the plaintiff reminded the defendant to pay the balance of Rs.2.5 Crore, the defendant refused. The plaintiff further pleads that forced by such circumstances, she was obliged to institute a suit for injunction alongwith an application for temporary injunction. In the suit itself, the plaintiff clarifies that such temporary injunction application was dismissed by both the court of first instance as well as the appellate court & a writ was pending impugning such orders. The plaintiff further asserts that on 10/05/2010 in the garb of above orders, the defendant dispossessed her from the suit property and thus claiming to be aggrieved by such act of the defendant, the plaintiff instituted the suit claiming to annul the registered sale deed dt. 11/09/2007 and has sought recovery of possession and other ancillary reliefs. The plaintiff in the suit also asserts that cause of action to file the present suit accrued to her on 10/05/2010 when she claims to be dispossessed from the suit property by the defendant. The plaintiff further asserts her suit to be in limitation in accordance with article 58, 59 and 67 of the Limitation Act.