CHANDRA PRAKASH Vs. AMBA LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dt. 26.09.2013 passed by the trial Court, whereby the application filed by the petitioner under Order VII, Rule 11(d) CPC has been rejected. The suit was filed by the plaintiff seeking permanent and mandatory injunction against the petitioner and the Municipal Board, Rajsamand, inter -alia, with the averments that the land comprising in Khasra No. 370 belong to him and in the adjacent Khasra No. 371, the petitioner had some land, however, in connivance with the Municipal Board, the petitioner got land belonging to the plaintiff ad measuring 6' x 160' converted in his name and was raising construction on the said land and therefore, sought injunction against the defendants.

(2.) AN application under Order VII, Rule 11(d) CPC was filed by the petitioner, inter -alia, claiming that as in the suit, the claim of the plaintiff, is based on the land which according to his submissions is an agriculture land, the suit is barred under Sec, 207 of the Rajasthan Tenancy Act, 1955 ('the Act').

(3.) IT is submitted by learned counsel for the petitioner that as the claim of the plaintiff is based on the fact that the land comprising Khasra No. 370, which belong to him continuous to be an agriculture land, therefore, the civil Court had no jurisdiction to deal with the said suit and the same was barred under Sec. 207 of the Act.