SANTOSH Vs. SATYANARAYA SHARMA

JUDGEMENT

(1.) Petitioners preferred this revision petition against the impugned order dtd. 5/1/2017 passed by learned Additional District Judge, Bansoor, District Alwar in Civil Suit No. 12/2014 (Mamraj And Ors. vs. Santosh And Ors.) whereby learned Court below dismissed the application submitted by petitioners- defendants under Order 10 and Order 7 Rule 11 read with Sec. 151 CPC.

(2.) The brief facts of the case are that respondents- plaintiffs filed a civil suit before learned Additional District Judge, Bansoor, District Alwar against the petitioners- defendants for cancellation of sale deed No. 1190 dtd. 9/5/2013 and sale deed No. 1537 dtd. 29/5/2013 registered at Sub Registrar office Bansoor, District Alwar. Summons of the suit were issued for service of petitioners- defendants. After service of summons, petitioners- defendants put their appearance before the Court below and filed an application under order 7 Rule 11 and order 10 read with Sec. 151 of C.P.C. stating therein that the suit has not been filed on proper court fees because the valuation of the property is Rs.50.00 lacs. No notice under Sec. 80 of CPC has been given to Sub Registrar, Bansoor, which is mandatory. Registered sale deed was executed in favour of the plaintiff- respondent on 6/1/1961 which is ipso-facto void due to the restriction under Sec. 42-B of Rajasthan Tenancy Act, 1955 because the land in dispute belongs to the scheduled caste persons, which cannot be purchased by the person belonging to general caste. Another suit is also pending before the S.D.O., Bansoor on the same cause of action. Accordingly, the present suit is not maintainable.

(3.) After hearing on the application, learned Court below dismissed the application, against which this revision petition is filed.