RATAN LAL Vs. KANNA JI DANGI

JUDGEMENT

(1.) The present regular appeal has been preferred against the order dtd. 8/3/2013 passed by Additional District Judge No.1, Udaipur in Civil Original Case No.9/2012 whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by defendants No.2 to 10 has been allowed and as a consequence, the suit for declaration, correction in the revenue record, partition and permanent injunction as preferred by the plaintiffs has been dismissed.

(2.) The brief facts are that the plaintiffs preferred a suit for the reliefs as abovementioned with a plea that the agricultural lands as mentioned in the plaint were the ancestral properties and being coparceners, they too have a share in the property. Therefore, they prayed for partition of the properties and further prayed for mutation in the revenue records and also for cancellation of the sale deeds and other transfer deeds as executed by the other coparceners in favour of the other defendants.

(3.) An application under Order VII Rule 11 of the Code of Civil Procedure was preferred by the defendants No.2 to 10 on two grounds: Firstly, that the reliefs as prayed for specifically pertained to agricultural lands and therefore, a suit before the Civil Court for the said reliefs could not be maintainable. Secondly, Kanna, the father of the plaintiffs, was alive on the date of filing of the suit and therefore, the suit for partition at the behest of the plaintiffs could not be maintained in view of sec. 8 of the Hindu Succession Act, 1956.