JAGDISH Vs. DINESH SHARMA

JUDGEMENT

(1.) This civil revision petition is directed against the order dtd. 13/4/2022 passed by the learned Civil Judge, Bundi (for brevity, "the learned trial Court") in Civil Suit No.17/2022 whereby, an application filed by the petitioner/defendant no.3 (for brevity, "the defendant no.3") under Order 7 Rule 11 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondent no.1/plaintiff (for brevity, "the plaintiff") filed a suit for permanent injunction and mandatory injunction against the respondents no.2 & 3/defendants no.1 & 2 and the defendant no.3 stating therein that he has purchased the subject property comprising of a plot measuring 100 feet x 150 feet from the defendant no.1 through an agreement to sell dtd. 9/1/2022 and received its possession. It was alleged that instead of executing its sale deed in his favour, the defendant no.1 has sold the subject property to the defendant no.3 on asking of the defendant no.2. Alleging that now the defendants were trying to raise construction on the subject plot, the decree as aforesaid was prayed for. Therein, the defendant no.3 filed an application under Order 7 Rule 11 CPC raising objection as to its maintainability in view of 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. 13/4/2022, impugned herein.

(3.) Assailing the order dtd. 13/4/2022, learned counsel for the defendant no.3, inviting attention of this Court towards the agreement to sell dtd. 9/1/2022, a part of the plaint, would submit that therein, it is specifically stated that the subject land is agricultural land as it was not mutated in the revenue record. He submits that since the suit for mandatory injunction and permanent injunction has been filed in respect of an agricultural land, in view of provisions of Sec. 207 of the Act of 1955, it is the Revenue Court only which has jurisdiction to try it. He, therefore, prays that the civil revision petition be allowed, the order dtd. 13/4/2022 be quashed and set aside and the application filed him under Order 7 Rule 11 CPC be allowed. Learned counsel, in support of his submission, relies upon following judgements:-