SUA DEVI Vs. SHRAVANRAM

JUDGEMENT

(1.) This appeal under Section 96 CPC is directed against the judgment dated 20/10/2014 passed by the District Judge, Jodhpur (Metro), whereby, the plaint filed by the appellant has been rejected under the provisions of Order VII Rule 11 CPC.

(2.) The suit was filed by the appellant for declaration of rights, getting the sale deed declared as void, partition and permanent injunction. It was inter alia indicated in the plaint that Rawat Ram, who was resident of village Pal, Tehsil and District, Jodhpur has died, the plaintiff and defendants No.1 to 15 are legal representatives of deceased Rawat Ram; an ancestral agricultural land was situated in Khasra No. 215 ad measuring 22 Bigha 5 Biswa at village Pal, which was recorded in the name of Rawat Ram in the revenue records. Rawat Ram had three sons - Moola Ram, Gorakh Ram and Pratap Ram @ Patta Ram. After death of Rawat Ram, the land comprised in Khasra No. 215 was recorded in the name of his two sons - Gorakh Ram and Pratap Ram, which was mutated on 17/5/1971.

(3.) The said mutation was challenged by Moola Ram s/o Rawat Ram by filing appeal, which appeal was allowed on 22/5/1995, whereby, the mutation dated 17/5/1971 was cancelled and the matter was remanded back to Gram Panchayat. Pursuant to the order dated 22/5/1995, on 4/6/1995 the land was mutated in the name of Moola Ram, Gorakh Ram and as Pratap Ram had died in the meanwhile, the mutation was accepted in favour of his son Mangilal and wife Smt. Manudi. It was alleged that though the plaintiff, who was daughter of deceased Pratap Ram and was his first class heir, her name was not recorded in the revenue record. It was also claimed that the plaintiff for the first time came to know about the same on 2/4/2012 when she obtained the certified copy of Jamabandi for obtaining loan. Thereafter, the plaintiff filed an appeal against the order dated 22/5/1995 before the S.D.O. on 9/4/2012, which appeal is still pending.