M.S Pee Jed And Company 2/5 ... vs Sujan Singh Kumre
2023 Latest Caselaw 2721 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CR No. 110 of 2023
                           (M.S PEE JED AND COMPANY 2/5 INDUSTRIAL STATE GOVINDPURA AUDHYOGIK KSHETRA BHOPAL
                                              AND OTHERS Vs SUJAN SINGH KUMRE AND OTHERS)

                          Dated : 14-02-2023
                                Shri Sankalp Kochar, learned counsel for the applicants.

                                Ms. Kamlesh Tamrakar, learned Panel Lawyer for respondent 2/State.

Heard on question of admission and I.A. No.1991/2023. Learned counsel for the applicants/defendants 1-2 submits that the suit in question has been filed by plaintiff/respondent 1 for declaration of title and for

declaring the sale deed null and void on the ground that entire consideration mentioned in the sale deed has not been paid.

Learned counsel submits that in the light of decision in the case of Dahiban Vs. Arvindbhai Kalyanji Bhanusali (Gajra) dead through LRs. and others (2020) 7 SCC 366, the suit for cancellation of sale deed or for declaring the same to be null and void, is not maintainable. He placed reliance on Para 29.9 of the aforesaid judgment, which is reproduced as under:

29.9. In view of the law laid down by this Court, even if the averments of the plaintiffs are taken to be true, that the entire sale consideration had not in fact been paid, it could not be a ground for cancellation of the sale deed. The plaintiffs may have other remedies in law for recovery of the balance consideration, but could not be granted the relief of cancellation of the registered sale deed. We find that the suit filed by the plaintiffs is vexatious, meritless, and does not disclose a right to sue. The plaint is liable to be rejected under Order 7 Rule 11(a).

Upon asking, learned counsel further submits that still the suit is for the same relief and the plaintiff has not claimed relief of recovery of balance/unpaid amount of consideration by making amendment etc. Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/15/2023 3:18:30 PM

Accordingly, issue notice to the respondent 1 on admission and I.A. No.1991/2023 on payment of process fee within seven working days by both modes. Notice be made returnable within four weeks, failing which, the revision shall stand dismissed without further reference to the Court.

In the meantime, the further proceedings of the civil suit in question bearing RCSA No.692/2022 pending before 2nd District Judge, Bhopal, shall remain stayed until further orders.

List for further consideration of civil revision and I.A. No.1991/2023 after service of notice in the week commencing from 20/03/2023.

(DWARKA DHISH BANSAL) JUDGE

RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/15/2023 3:18:30 PM