2023 (5) TMI 266

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....ncellation of gift deed vide doc.No.911/2019, dated 22.02.2019 executed by respondent No.2 in favour of respondent No.1 in respect of the suit schedule property and also for perpetual Injunction restraining respondents from interfering with the suit schedule property i.e. residential Unit No.303, III Floor in Anantha Nilayam in the premises bearing Municipal H.No.1-8-22 to 26, Carona Lane, Chikkadapally, Hyderabad. While so, the petitioner filed I.A.No.305 of 2019 under Order VII Rule 11 (d) read with Section 151 of the Code of Civil Procedure (for short "C.P.C.") to reject the plaint on the ground that the same is barred by law. 4. In the affidavit filed in support of the application, the petitioner stated that he purchased the suit sched....

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....ation vide order dated 19.07.2019. Challenging the same, the present revision is filed. 7. Learned counsel for the petitioner submits that the trial Court committed error in dismissing the application. He further submits that the averments of the plaint clearly attract the provisions of Section 4 of the Act. As such, the suit filed by the respondent No.1 is not maintainable and barred under Section 4 of the Act. He has placed reliance on the decision of M.Krishna Rao v. M.L.Narasikha Rao [2003 (4) ALD 855 (DB)]. 8. Per contra, learned counsel for respondent No.1, while supporting the impugned order, submits that there is no infirmity in the order passed by the trial Court. As such, the revision is liable to be dismissed. 9. Thus, on hear....

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....d or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property. (3) Nothing in this section shall apply,-- (a) where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or (b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he stands in such capacity. 13. Keeping in view, the above said provision, it is to be seen whether the suit claim of respondent No.1 falls within the....