Raj Mohan Singh, J. - (1.) In this revision petition, petitioner has assailed the order dated 12.7.2016, whereby trial Court has accepted the prayer of the defendants under Order 7, Rule 11 of CPC.
(2.) Plaintiffs filed a suit for declaration and permanent injunction with alternate relief of recovery of Rs. 54,61,200/- along with registration fee and stamp expenses. Declaration was also sought in respect of Civil Court decrees and consequent mutations being illegal, null and void and were based on fraud.
(3.) Plaintiffs purchased 41 kanals 11 marlas of land from defendants No. 1 to 4 for a total consideration of Rs. 1,03,88,000/- vide registered sale deed dated 6.5.2011. Mutation No. 4336 was also sanctioned in favour of the plaintiffs on 1.8.2011. There was inter se dispute between vendor of the plaintiffs and some co-sharers in the land. Their inter se dispute ultimately resulted in passing of Civil Court decree on 15.11.2011 in favour of the co-sharers, thereby, reducing the entitlement of the vendor of the plaintiffs to the extent of half. Plaintiffs being aggrieved by such deduction in the entitlement of their vendor (which ultimately fell upon their entitlement) ventured to file the suit in question with alternate relief of recovery of part of the sale consideration i.e. Rs. 54,61,200/- along with interest @ 18% including registration and stamp charges.;