DINESH JAIN Vs. JITENDRA PANDYA

JUDGEMENT

(1.) This revision petition is directed against the order dated 16.08.2016 passed by the Additional District Judge No.2, Udaipur ('the trial court'), whereby the application filed by the petitioners- defendants under Order VII, Rule 11 CPC read with Section 34 of the Specific Relief Act, 1963 ('the Act'), has been rejected.

(2.) The plaintiffs filed a suit for declaration of gift-deed dated 27.05.2015 as null and void and for permanent injunction. It was, inter alia, claimed in the plaint that the gift-deed in question was executed by defendant No.6 - Pratap Singh Rathore claiming himself to be the Sanrakshak of Vanvasi Sewa Sangh in favour of Municipal Corporation, Udaipur for a piece of land admeasuring 11000 sq. feet. It was, inter alia, claimed that the Vanvasi Sewa Sangh was no more in existence as the same came to be merged with Rajasthan Sewa Sangh, which is a Society registered under the provisions of Societies Registration Act having possession and ownership of the land in question. Based on the said averments, relief was claimed that the gift-deed be declared null & void qua the rights of the plaintiffs and permanent injunction be granted that no construction be raised on the land in question. Further relief was sought regarding the status of Vanvasi Sewa Sangh and that if any construction was raised on the land in question during the pendency of the suit and/or the same is transferred to any other party, the status quo ante as on the date of suit be ordered to be restored.

(3.) Certain averments were made in the plaint regarding events, which took place on 24.04.2015 purportedly for celebrating the 65th Establishment Day of the defendant-Society and coming into possession and announcing gift of the land in question.