SHARDA DEVI Vs. IQBAL SINGH AND ORS.

JUDGEMENT

(1.) Instant revision petition has been preferred by the petitioner-defendant No.2 against the order dated 22/8/2013 passed by the District Judge, Sawaimadhopur in a suit for declaration and perpetual injunction whereby the application under Order 7 Rule 11 of CPC has been rejected by the Trial Court.

(2.) The brief and relevant facts are that the defendants-petitioners have purchased the suit land which is agricultural in nature from one Shri Jagdeep Singh S/o Shri Arood Singh through registered sale deed dt.24/03/1992. The plaintiffs-non-petitioners are son and daughter of Shri Arood Singh and it is the case of the plaintiffs that the suit land was purchased by their father Shri Arood Singh vide registered sale deed dt.04/08/1980 and upon his death on 01/01/1984, ignoring the plaintiffs name, who were minors at that time, mutation was opened only in the name of Shri Jagdeep Singh, their elder (Major) brother and Smt. Swarn Kaur, their mother. The plaintiffs further claimed that the defendants conspiring with the revenue officer in February, 1992, got the name of Smt. Swarn Kaur deleted from the revenue record, asserting that Smt. Swarn Kaur has died, whereas according to the plaintiffs, she was alive and died on 11/05/2012 and with these averments and other assertions, the plaintiff sought the relief of declaring the sale deed dt.24/03/1992 as illegal and ineffective and the suit land to be under ownership of the plaintiffs. They further sought relief of inclusion of their name in place of the defendants and also prayed for perpetual injunction.

(3.) The defendants submitted an application under Order 7 Rule 11 of CPC on 05/08/2013 in the Trial Court urging to reject the suit on various ground namely:-