TaxTMI 
TaxTMI 
TaxTMI 
2023 (4) TMI 1463
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....riginal defendant Nos. 9 & 10 have preferred the present appeal. 2. The facts leading to the present appeal in a nutshell are as under: - 2.1 That one Nasyam Jamal Saheb was the owner of 4 acres 16 cents of land in Survey No. 700/A7B and Survey No. 706/A9 of Nandyal Town and Mandal, Kurnool District, Andhra Pradesh, and several other properties. After the demise of Nasyam Jamal Saheb, his five children namely, 1) Nasyam Jafar Saheb; 2) Nasyam Dasthagiri Saheb; 3) Nasyam Ibrahim Saheb; 4) Sarambee; and 5) Jainabee got partitioned the properties of their father (including 4 acres 16 cents) under a registered partition deed dated 11.03.1953. The predecessor in interest of plaintiffs N. Ibrahim Saheb got 1 acre and predecessor in interest of vendors of the appellants herein Sarambee got 1 acre 16 cents. That thereafter, Sarambee being the absolute owner of 1 acre 16 cents in Survey No. 706/A9 executed a registered gift deed dated 24.01.1968 in favour of her eldest daughter Kareembee (mother of vendors of appellants herein) to an extent of lands measuring 58 cents. That Sarambee vide another gift dated 24.01.1968 gifted the remaining 58 cents in Survey No. 706/A9 to her othe....
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....ellation of l)Registered Sale Deed bearing Document No. 124/2008 dated 09.01.2008 executed by D3 to D6 in favour of D7, 2)Registered Sale Deed bearing Document No.3504/2009 dated 18.07.2009 executed by D3 to D6 in favour of D8, 3) Registered Partition Deed bearing document No.4624/2009 dated 31.03.2009 executed in between D3 to D6 in respect of C Schedule item No.2 and D Schedule item No.2, 4)Registered Sale Deed bearing Document No.6591/2010 dated 24.08.2010 executed by D1 and D2 in favour of D9 and 5)Registered Sale Deed bearing Document No.6592/2010 dated 24.08.2010 executed by D1 and D2 in favour of D10 By declaring them as null and void documents in respect of the suit property. 2.4 That the appellants herein filed IA No. 369/2014 in O.S. No. 35/2014 praying to reject the plaint in exercise of powers under Order VII Rule XI(a) and (d) of CPC. The learned Trial Court dismissed the said application vide order dated 11.03.2020. 2.5 Feeling aggrieved and dissatisfied with the order passed by the learned Trial Court rejecting the application under Order VII Rule XI and refusing to reject the plaint, the appellants herein - original defendant Nos. 9 and 10 filed th....
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....ute the suit. It is submitted that all the registered sale deeds and the partition deed alleged to be forming cause of action of the suit are executed in accordance with the respective parties in accordance with the rights granted to them/their legal ascendants under partition deed dated 11.03.1953. 3.7 It is further submitted that the High Court ought to have appreciated and/or considered that the present suit is frivolous and vexatious because the plaintiffs are attempting to re-partition; and unsettle the title and possession of numerous family members and third parties like the appellants herein by alleging that there was an error in partition deed dated 11.03.1953 which was executed by grandparents of parties with their free will at a point when the parties were not even born. 3.8 Making the above submissions and relying upon the decision of this Court in the case of Raj Narain Sarin Vs. Laxmi Devi and Ors. (2002) 10 SCC 501 and in the case of T. Arivandandam (supra), it is prayed to allow the present appeal and quash and set aside the order passed by the learned Single Judge as well as that of the learned Trial Court rejecting the application under Order VII Rule XI and....
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....er 706/A9 was wrongly mentioned. Therefore, it is the case on behalf of the plaintiffs that Sarambee and other descendants including the vendors of the appellants never had any right to effect transactions in respect of the land in survey number 706/A9. However, it is required to be noted that despite the above, very cleverly the plaintiffs have not sought any relief with respect to partition deed dated 11.03.1953. Deliberately and purposely, the plaintiffs have not prayed any relief with respect to partition deed dated 11.03.1953 though it is the case on behalf of the plaintiffs that there was an error in partition deed dated 11.03.1953. It is to be noted that pursuant to the partition deed dated 11.03.1953, after the demise of the original land owner Nasyam Jamal Saheb, his five children namely, 1) Nasyam Jafar Saheb; 2) Nasyam Dasthagiri Saheb; 3) Nasyam Ibrahim Saheb; 4) Sarambee; and 5) Jainabee got partitioned the properties under a registered partition deed dated 11.03.1953. Under the registered partition deed, predecessor in interest of plaintiffs, N. Ibrahim Saheb got 1 acre and predecessor in interest of vendors of the appellants Sarambee got 1 acre 16 cents. All the part....
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.... "11. In ITC Ltd. v. Debts Recovery Appellate Tribunal [ITC Ltd. v. Debts Recovery Appellate Tribunal, (1998) 2 SCC 70] it was held that the basic question to be decided while dealing with an application filed under Order 7 Rule 11 of the Code is whether a real cause of action has been set out in the plaint or something purely illusory has been stated with a view to get out of Order 7 Rule 11 of the Code. 12. The trial court must remember that if on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, it should exercise the power under Order 7 Rule 11 of the Code taking care to see that the ground mentioned therein is fulfilled. If clever drafting has created the illusion of a cause of action, it has to be nipped in the bud at the first hearing by examining the party searchingly under Order 10 of the Code. (See T. Arivandandam v. T.V. Satyapal [(1977) 4 SCC 467].)" 5.3 In the case of Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal, (2017) 13 SCC 174, this Court observed and held as under: "7. The plaint can be rejected under Order 7 Rule 11 if conditions enumerate....