During pendency of Title Suit No. 165 of 2017, a petition dated 07.07.2018 was filed by the defendants with a prayer to reject the plaint under Order VII Rule 11 (a) of the Code, as it does not disclose the cause of action. It has been mentioned in the petition that the plaintiff has filed the above-mentioned suit for declaration of his right and title regarding the disputed land appertaining to khata No. 638, plot Nos. 182 and 183, area 3.25 decimals. The basis of his title is unregistered gift deed dated 12.03.2008. As per provisions of Section 123 of the Transfer of Property Act, 1882 (hereinafter referred to as ‘the Act’), a gift deed of an immovable property must be compulsorily registered. No any immovable property can be alienated through an unregistered gift deed, as Section 123 of the Act mandatorily requires it to be registered. He has submitted that in the instant case, admittedly the gift deed executed in favour of the plaintiff was unregistered, as such, he does not disclose the cause of action and on this score, a plaint should have been rejected under the provisions of Order VII Rule 11 (a) of the Code. The learned court below, as per submission, committed gross illegality in not rejecting the plaint.
