Sikandaralikhan Yusufkhan v. Smt. Rabiabi Wd/O Miya-Khan And Others
cac11of19.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAC) 11 OF 2019 IN CIVIL REVISION APPLICATION OF 2018 (Sikandaralikhan Yusufkhan..vs.. Smt. Rabiabi wd/o. Miya-Khan & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri N.R. Saboo, counsel for applicant.
CORAM: ROHIT B. DEO, J.
DATE: 26 th MARCH, 2019.
CIVIL APPLICATION (CAC) 11 OF 2019 For reasons stated in the application, the application is allowed.
CIVIL REVISION APPLICATION OF 2018 The original defendants in suit for cancellation of gift deed and possession preferred an application under Order 7 Rule 11 of the Civil Procedure Code for rejection of the suit plaint. The short submission of Shri N.R. Saboo, the learned counsel for the defendants - whose application under order 7 Rule 11 is rejected by the trial Court - is that the plaintiffs are not the legal heirs of Chhamma Bi wd/o. Ahmad Khan and therefore, the suit is liable to be dismissed. The submission is noted only for rejection. The averments in the suit plaint holistically read do make out a cause
cac11of19.odt 2 of action. The plaintiffs have elaborately stated in paragraphs 1, 1A and 2, the details of the inter se relationship between Chhamma Bi and have traced the source of their right. Ultimately, the trial Court would have to reach an appropriate conclusion on several contentious factual issues to determine the validity or otherwise of the gift deed. It can not be said that even if averments in the suit plaint are accepted, no cause of action is made out as is the thrust of the submission.
The order impugned is unexceptionable. Civil Revision Application is dismissed with no orders as to cost. JUDGE rsb