KALYA Vs. BHAIRUBAKSH

JUDGEMENT

(1.) THE present revision petition has been filed by the petitioner -defendant No. 1 under Sec. 115 of C.P.C. challenging the order dt. 08.10.2013 passed by the Civil Judge, Junior Division, Rajgarh, District Alwar (hereinafter referred to as 'the trial Court') in Civil Suit No. 6/08, whereby the trial Court has dismissed the application of the petitioner under Order VII Rule 11(d) of C.P.C. It is submitted by the learned counsel Mr. L.L. Gupta for the petitioner that the Civil Court did not have the jurisdiction to entertain the suit in respect of the relief claimed by the respondent -plaintiff as per the provisions contained in Section 251 of the Rajasthan Tenancy Act, 1955. According to him, under the said provision the filing of the suit in the Civil Court is barred.

(2.) THE Court does not find any substance in the said submission made by the learned counsel for the petitioner. Whether the Court has jurisdiction or not in view of Section 251 of the Rajasthan Tenancy Act, would be a mixed question of law and fact which could be decided only after the parties lead their respective evidence in the suit. The Court does not find any illegality or infirmity in the order passed by the trial Court. Hence, the petition being devoid of merits is dismissed.