VINA PARIHAR & ANR Vs. PARAMA DEVI

JUDGEMENT

(1.) This petition is directed against order dated 8.2.13 of Civil Judge (J.D.), Nokha, passed in Civil Suit No.5/07, whereby an application preferred by the petitioners-defendants under Order VII Rule 11 read with Section 151 CPC, stands rejected.

(2.) The respondent-plaintiff filed a suit seeking permanent injunction against the petitioners in respect of 2 biswas land comprising khasra no.443 (new khasra 1266) alleged to have been purchased by the petitioner-Vina, vide agreement to sale dated 11.8.83 from Lal Singh s/o Roop Singh Rajput of Nokha. As per the averments made, the plaintiff has constructed the house over the land and she is residing therein with her family. The suit seeking injunction was filed by the respondent-plaintiff, inasmuch as, the petitioners herein, attempted to forcibly dispossess her from the house.

(3.) During the pendency of the suit, the petitionersdefendants filed an application under Order VII Rule 11 read with Section 151 CPC, seeking rejection of the plaint on the ground that the Municipal Board, Nokha has issued patta of the disputed land in favour of one Shri Durga Dutt, who has sold the land by a registered sale deed in favour of the defendant-Smt. Vina Parihar and thus, the suit filed without there being challenge to the patta dated 23.11.06 and the sale deed dated 6.1.07, the suit as framed is barred by Section 41(h) of the Specific Relief Act, 1963 (for short "the Act").