Case Note & Summary
The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendant) jointly purchased a property in 2008. In 2014, the respondent executed a registered gift deed transferring his share to the appellant. A correction deed followed in 2015. Later, the respondent claimed the transfer was nominal and for loan purposes, and that the appellant agreed to re-transfer via a memorandum of understanding. When the appellant refused, the respondent filed a suit for partition, possession, and injunction without challenging the gift deed. The appellant moved an application under Order 7 Rule 11 CPC for rejection of plaint, which the trial court allowed. The lower appellate court reversed that order, leading to this appeal. The High Court framed a substantial question of law: whether a cause of action for partition exists when the gift deed is not challenged. The court analyzed the plaint and found that the respondent admitted the gift deed was registered and did not seek its cancellation. The court held that the gift deed extinguished the respondent's title, and without setting it aside, no partition is possible. The court also noted that the memorandum of understanding was not a registered document and could not override the gift deed. The court concluded that the plaint disclosed no cause of action and was liable to be rejected under Order 7 Rule 11(a) CPC. The appeal was allowed, the lower appellate court's order was set aside, and the trial court's order rejecting the plaint was restored.
Headnote
A) Civil Procedure Code - Order 7 Rule 11 - Rejection of Plaint - Cause of Action - Partition Suit - The plaintiff sought partition of property without challenging a registered gift deed in favour of the defendant - The court held that the suit is not maintainable as the plaintiff's title is extinguished by the gift deed and no cause of action arises unless the deed is set aside - Held that the plaint is liable to be rejected under Order 7 Rule 11(a) CPC (Paras 2, 10-12).
Issue of Consideration
Whether there was any cause of action to seek partition of the suit property when admittedly the registered gift deed executed in favour of defendant is not challenged?
Final Decision
Appeal allowed. The judgment and decree dated 04.03.2021 passed by the lower appellate Court is set aside. The order dated 24.02.2020 passed by the Trial Court rejecting the plaint is restored. Pending civil application is disposed of.
Law Points
- Cause of action
- Order 7 Rule 11 CPC
- Partition suit
- Registered gift deed
- Declaration of title
