if any person files a suit for injuntion for demolition of suit property newly constructed over a unauthorised illegal structure house belongs to defendant and a property card is in the name of defendant since last 30 years. and plaintiff saying that the old house is built over a ancestral land and the said land was in the name of ancestor and aquired by the Government befor 30 years ago for development of new city. also saying that the said land is developed by one cidco, the governmet co. but the plot over said land was open since last 30 years. and now there was a house of defendant which was demolished for reconstruction. and said property is in the possession of defendat.
my question is - Can defendant make an application for dismissal of suit on the ground that there is no right of plaintiff in a suit property and he has no right to sui ( locus standi)?
can defendat make 9A application for dismissal of suit ?
what are the provisons and case laws if any?
please guide .