Defendant No.1 before the Trial Court challenges the order passed on I.A. No.2, filed under Order 7 Rule 11(a) of the CPC, whereby the application was rejected. The plaintiff had filed a suit for permanent injunction, asserting that the subject property was leased to him by Defendant No.1 through an unregistered lease deed dated 16.09.2015, for which Defendant No.1 had received a sum of Rs.40,000/- as an advance lease amount, with a monthly rent of Rs.5,000/-. Defendant No.1 had borrowed a loan from Respondent No.2 (a bank) and mortgaged the subject property. However, the lease was executed without disclosing the fact that the subject property had been mortgaged to Respondent No.2. Officials of Respondent No.2, in collusion with Defendant No.1, allegedly approached the plaintiff on 06.12.2017, demanding that he vacate the subject premises in order to take possession and proceed with the realization of the loan amount. Since the property was mortgaged to Respondent No.2, the plaintiff chose to vacate the premises and, in doing so, approached Defendant No.1 to refund the advance amount of Rs.40,000/-. Upon Defendant No.1’s refusal to return the advance amount, the present suit was filed.
