SOHAN SINGH Vs. CHUNI LAL

JUDGEMENT

(1.) The instant revision petition, under Sec. 115 of the Code of Civil Procedure, has been preferred by the petitioners against the order dtd. 30/12/2025 passed by the Court of learned Civil Judge (Junior Division), Hiranagar, Kathua in File No.82/Civil, by virtue of which, application moved by the petitioners under Order 7 Rule 11 of the CPC was dismissed.

(2.) The respondent-Chuni Lal filed a civil suit for permanent prohibitory injunction seeking to restrain the defendants including the petitioners herein from causing any sort of interference in any manner and by any mode, in the peaceful possession of the plaintiff over the land, measuring 11 kanals 13 marlas, comprising of Khasra No.1194, situate at Bhaiya, Tehsil Hiranagar and District Kathua, including by not creating obstruction in cultivation, encroaching upon and grabbing the same and causing ouster of the plaintiff therefrom forcibly either themselves or through anybody else.

(3.) During the pendency of the suit, the defendants 5, 6 and 7 namely Champa Devi, Sohan Singh and Radha Rani, (petitioners herein), moved an application under Order 7 Rule 11 of CPC seeking rejection of plaint, pleading therein that the dispute raised in the suit pertains to alleged cultivating possession and tenancy rights, which are matters exclusively triable by the competent revenue authorities under the Jammu & Kashmir Agrarian Reforms Act, 1976, as Ss. 25 and 27 bar the jurisdiction of civil courts from entertaining, deciding or dealing with any such question; that the plaintiff had an equal efficacious remedy under the provisions of the J&K Agrarian Reforms Act to approach the Tehsildar or Collector for redressal of his grievance rather than invoking the civil court's jurisdiction.