- (1.) The instant revision petition filed under under Section 115 of Civil Procedure Code is directed against the Order dated 30/04/2015 by the Additional District & Session Judge, Bandikui, Dausa in civil suit No. 37/2013 whereby, the said Court dismissed the application filed by the petitioner-defendant for rejection of plaint under Order 7 Rule 11 of CPC.
(2.) The facts in brief are that the plaintiff-respondent filed a civil suit against the petitioners and Municipal Board for seeking permanent injunction wherein, it is stated that the land bearing khasra No. 294 measuring 3 bigha 4 biswa is situated in Bandikui, out of which, the plaintiff purchased a plot measuring 63 feet x 75 feet from late Shri Goverdhan who was owner of the aforesaid land on 17/12/1981. The defendents tried to dispossess the plaintiff from the property in dispute. The plaintiff prayed that the petitioner-defendant be restrained to dispossess the plaintiff-respondent from the land in question.
(3.) The petitioner-defendant filed an application under Order 7 Rule 11 CPC wherein, it is alleged that the plaintiff-petitioner is not in possession over the disputed land, plaintiff-respondent sold the said land to Shri Shyam Sundar at consideration of Rs. 35 lacs and possession was also handed over to the said purchaser on 07/10/2013. In view of this, the plaintiff-respondent has no right to sue. It is also stated in the application that the disputed land is prima facie agriculture land and the civil Court has no jurisdiction to try the suit. Therefore, the suit liable to be rejected.;