PURUSHOTTAM Vs. DURGARAM

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 1/8/2024 passed by the Additional District Judge No.1, Nohar in Civil Original Suit No. 14/2018 whereby the application under Order 7 Rule 11, CPC as preferred on behalf of the petitioner defendants stood rejected.

(2.) Learned counsel for the petitioner submits that admittedly, the suit in question was qua an agricultural land and the relief prayed was for declaration of gift deed dtd. 17/10/2017 to be null and void qua the plaintiffs. Learned counsel submits that as per the version of the plaintiffs themselves the land in question is an ancestral property and hence, until and unless, the plaintiffs get their rights in the said property declared by a competent Court, i.e., the Revenue Court, the present suit for declaration was not maintainable.

(3.) Learned counsel further submits that even otherwise, the suit was not maintainable before a Civil Court as the relief for declaration qua the agricultural land could be granted by the Revenue Court only.