AAMEENI Vs. BHAGMAL

JUDGEMENT

(1.) This civil revision petition has been preferred against the order dtd. 30/6/2022 passed by the learned Additional District Judge No.4, Alwar (for brevity, "the learned trial Court") in Civil Suit No.34/05/2021, Old No. (34/152/2009), (34/149/2011) whereby, an application filed by the petitioners/defendants (for brevity, "the defendants") under Order 7, Rule 11 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondents/plaintiffs (for brevity, "the plaintiffs") filed a suit for revocation of the registered gift deed dtd. 29/7/2008 alleging that it was got executed fraudulently by the defendants from the plaintiff no.1 of his agricultural land. Therein, the defendants filed an application under Order 7, Rule 11 CPC raising objection as to its maintainability being hit by Sec. 207 of the Rajasthan Tenancy Act, 1955 (for brevity, "the Act of 1955"). The application has been dismissed by the learned trial Court vide order dtd. 30/6/2022, impugned herein.

(3.) Assailing the order, learned counsel for the defendants submits that while dismissing their application, the learned trial Court did not appreciate that the Civil Court does not have jurisdiction to entertain a suit filed for declaration pertaining to agricultural land in view of the provisions of Sec. 207 of the Act of 1955. He, therefore, prays that the revision petition be allowed, the order dtd. 30/6/2022 be quashed and set aside and the application filed by them under Order 7, Rule 11 CPC be allowed. He, in support of his submissions, relies upon following judgements:-