Ram Surat Ram (Maurya), J. - (1.) Heard Sri V. K. Maheshwari for the petitioner.
(2.) The writ petition has been filed against the order of Additional Commissioner dated 1.9.2014 by which the appeal filed by the contesting respondents has been allowed and the application under Order 7, Rule 11 CPC filed by the petitioner was rejected and the trial court has directed to decide the suit after framing the issue between the parties.
(3.) Mehar Chand filed a suit under Section 229 B for declaring him as bhumidhar of plot no. 377 area 1.930 hectare of village Samna, Jansath distt. Muzaffarnagar. It has been stated in the plaint that Anshul Arya defendant-1 executed a mortgage dated 17.1.1998 of the land in dispute and delivered possession over it as such in view of Section 164 the mortgage be treated as sale deed and name of Mehar Chand was liable to be deleted. In this suit the petitioner filed an application under Order 7, Rule 11 CPC for rejecting the plaint on 24.5.2012 on the ground that on the date of mortgage the petitioner was minor as such the alleged mortgage is null and void and the deed dated 17.1.1998 is an unregistered document and it cannot be treated as a mortgage for the purposes of Section 164 of UP Act No. 1 of 1951. Accordingly, the plaint was liable to be rejected. The trial court after hearing the parties by the order dated 30.12.2013 allowed the application of the petitioner under Order 7, Rule 11 CPC and dismissed the suit as not maintainable. The contesting respondent filed an appeal from the aforesaid order which has been allowed by the Additional Commissioner by the impugned order dated 1.9.2014. Hence this writ petition has been filed.;