A property owner in Saket, Delhi, sold their property in 1993. The original owner filed a lawsuit in 2010 claiming ownership and possession, challenging the sale deed of the current owner who’s been living there since 1993. While the original owner valued the property at ₹9 lakhs in the 1993 agreement, they later signed a new agreement in 2010 with a builder for ₹2.25 crore, a fact not mentioned in the lawsuit. The current owner is questioning the court’s jurisdiction based on this undisclosed agreement. Which specific section of Rule 11 of Order VII applies to this situation? Are there any relevant court rulings supporting this claim? Any advice for the current owner?

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Law Forum › Category: Property › A property owner in Saket, Delhi, sold their property in 1993. The original owner filed a lawsuit in 2010 claiming ownership and possession, challenging the sale deed of the current owner who’s been living there since 1993. While the original owner valued the property at ₹9 lakhs in the 1993 agreement, they later signed a new agreement in 2010 with a builder for ₹2.25 crore, a fact not mentioned in the lawsuit. The current owner is questioning the court’s jurisdiction based on this undisclosed agreement. Which specific section of Rule 11 of Order VII applies to this situation? Are there any relevant court rulings supporting this claim? Any advice for the current owner?
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Apni Law Staff asked 1 year ago

A property owner in Saket, Delhi, sold their property in 1993. The original owner filed a lawsuit in 2010 claiming ownership and possession, challenging the sale deed of the current owner who’s been living there since 1993. While the original owner valued the property at ₹9 lakhs in the 1993 agreement, they later signed a new agreement in 2010 with a builder for ₹2.25 crore, a fact not mentioned in the lawsuit. The current owner is questioning the court’s jurisdiction based on this undisclosed agreement. Which specific section of Rule 11 of Order VII applies to this situation? Are there any relevant court rulings supporting this claim? Any advice for the current owner?

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Best Answer

Apni Law Staff answered 1 year ago

The current owner can argue under **Rule 11(d) of Order VII** that the suit is barred by **res judicata**, as the original owner concealed the 2010 agreement valuing the property at ₹2.25 crore. The Supreme Court in **Sardar Bahadur Singh v. Kishan Kaur** (2010) has upheld this principle, suggesting the current owner seek a dismissal based on this legal argument.

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