RAJENDRA KUMBHAT AND ORS. Vs. DEVI AND ORS.

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure, 1908 (for short, 'CPC'), petitioner-defendants have assailed the impugned order dt. 7th of January 2014 passed by the Addl. District & Sessions Judge No. 3, Jodhpur Metropolitan (learned trial Court), whereby the learned trial Court has rejected their application under Order VII Rule 11 read with Section 151 C.P.C. The facts apposite for the purpose of this revision petition are that first respondent-plaintiff instituted a civil suit before the learned trial Court against petitioners and proforma respondents for cancellation of sale-deeds and perpetual injunction. It is inter-alia averred in the plaint that Kewal Ram, father of respondent-plaintiff jointly owned land measuring 114 bighas and 17 biswas with his other siblings Shivji Ram, Basta Ram and Jawana Ram at village Doli, Tehsil Luni, District Jodhpur. By mutual agreement, all the brothers partitioned the entire land and in terms of partition, land measuring 41 bighas 10 biswas was entered in the name of joint Hindu Family property of Kewal Ram in the revenue records. The entire land, as per the version of respondent-plaintiff was mutated in the name of Kewal Ram as Karta of the family.

(2.) As projected in the suit, a revenue suit at the behest of proforma respondent Oma Ram was filed on 26th of May 2008 under Secs. 53, 88 and 188 of the Rajasthan Tenancy Act 1955 (for short, 'Act of 1955'), wherein Kewal Ram, Mangilal, Mohan Ram and Smt. Sukhi Devi were arrayed as defendants. Along with the suit, a prayer for temporary injunction was also made by way of laying application under Sec. 212 of the Act of 1955. Respondent-plaintiff has specifically averred in the plaint that all the parties to the litigation entered into compromise just to deprive her from her share in the property and eventually the suit was dismissed as withdrawn. When this fact came to the fore, the respondent-plaintiff laid a revenue suit under Secs. 53, 88 and 188of the Act of 1955 for seeking her share in the agricultural land and also made endeavor for relief of temporary injunction under Sec. 212 of the Act of 1955.

(3.) In her application under Sec. 212 of the Act of 1955, interim injunction was granted by the Revenue Court, which remained in subsistence till its disposal. In the plaint a specific averment was made that despite subsistence of temporary injunction, her father Kewal Ram alienated part of the agricultural land alongwith fifth respondent to the present petitioners by executing two sale-deeds dt. 01.01.2010 and 04.01.2010 respectively.