Code of Civil Procedure, 1908–Order 7, Rule 11–Specific Relief Act, 1963–Secs. 38 & 39–Rejection of application under Order 7, Rule 11–Appreciation of–Suit for permanent injunction against the sale deed executed by the petitioner nos. 2 & 3 in favour of petitioner no. 1–Ground of plaintiff that the property is protected ancient and historical archaelogical building under the Act of 1961 as it was not included in the list of properties of erstwhile jagirdar–Specific averment in plaint that the petitioner nos. 2 & 3 are not having title over the property–This issue will be decided by trial Court on the basis of evidence of parties–Held, it cannot be said that the plaint does not disclose the cause of action–Further held, relief of cancellation of sale deed was not sought by the plaintiff–Therefore, the valuation of suit also cannot be held deficit–Held, application was rightly dismissed.
