SYED ASADULLA HUSSAINI Vs. SYED SHAHEDULLAH HUSSAINI

JUDGEMENT

(1.) The petitioner-plaintiff filed this revision aggrieved by the order dtd. 8/2/2022 in passed in I.ANo.853 of 2017 in O.S.No.559 of 2017 on the file of the learned XI Additional Chief Judge, City Civil Court, Hyderabad, whereby the application filed by defendant Nos.2 to 4 praying the Court to reject the plaint was disposed of.

(2.) The petitioner herein is the plaintiff and the Respondents herein are the defendants in the suit. O.S.No.559 of 2017 is filed by the plaintiff seeking for partition and separate possession and also cancellation of sale deed, rectification deed, gift deed and development agreement-cum-GPA etc. during the pendency of the suit defendant Nos.2 to 4 filed I.A.No.853 of 2017 for rejection of the plaint on the ground that there is deficiency of the Court fee and a false suit is filed without proper reason.

(3.) In a counter filed by the plaintiff in the rejection application he submitted that he and the second Respondent are absolute owners and possessors of the suit schedule property. The plaintiff denied the fact that he offered to sell the property for a consideration of Rs.67,00,000.00. The plaintiff mainly contended that he was not in India at the time of execution of registered sale deed dtd. 1/12/2016 and filed passport in support of his contention. As he disputed the execution of the sale deed, the question of executing alleged gift settlement deed by the first defendant or delivery of possession does not arise. The plaintiff further contented that he is not a party to the alleged documents and they were valued notionally and he need not pay court fee as pleaded by the defendants as per the law laid down in AIR 2010 SC 2087 and that the documents are sham and fabricated.