KAMLI DEVI Vs. RAMPYARI

JUDGEMENT

(1.) By way of this first appeal, appellant-plaintiff has assailed the order dtd. 16/5/2022 passed by Additional District Judge No. 10, Jaipur Metropolitan-I (HQ Sanganer) in Civil Suit No. 64/2022 whereby and whereunder her civil suit for declaration and permanent injunction in relation to claim of 1/8th share/khatedari rights in the agricultural lands in question to challenge the disputed agreement and sale deeds, has been rejected under Order VII Rule 11 CPC.

(2.) Learned trial court, in the order impugned dtd. 16/5/2022, has categorically observed that plaintiff has instituted the present civil suit claiming her 1/8th share in the agricultural lands of Khasra Nos. 202, 204 to 209 total ad measuring 2.41 hectare situated at Village Rampurabas, Goner, Tehsil Chaksu, District Jaipur and has challenged the agreement dtd. 13/11/2013, sale deed dtd. 3/2/2014 executed by her father and the subsequent sale deed dtd. 28/3/2022 to be declared as null and void to the extent of her 1/8th share. The khatedari rights of plaintiff for her 1/8th share in the aforesaid lands have not been declared by the revenue court and the plaintiff has not instituted any revenue suit for declaration and partition of her 1/8th share in the aforesaid agricultural lands. The trial court has placed reliance upon the judgment of Hon'ble Supreme Court delivered in case of Pyarelal v. Shubhendra Pilania (minor) and Ors. reported in [(2019) 3 SCC 692] and two other judgments of Rajasthan High Court passed in case of Bagaram and Ors. v. Balkishan @ Balramkishan and Anr. reported in [2019 (2) WLC (Raj.) UC 551] and Rukmani v. Bhola and Ors. reported in [2012 (2) WLC (Raj.) 797].

(3.) Heard learned counsel for appellant and perused the impugned order and the plaint as well as the record of trial court.