MAGA Vs. BHURA RAM

JUDGEMENT

(1.) Heard the parties.

(2.) The plaintiff-respondent Nos.1 to 5 brought Civil Original Case No.45/2021 for declaration of their easementary right over the land of the petitioners. The defendant-petitioners appeared and filed application under Order VII Rule 11 CPC for rejection of plaint on the ground that such suit was maintainable before the revenue court under Rajasthan Tenancy Act and jurisdiction of the civil court was barred.

(3.) On careful consideration of the provisions of the Rajasthan Tenancy Act contained in Sec. 207 read with Schedule III, it is clear that a suit for declaration of easementary right would not go to the revenue court, therefore, the civil court's jurisdiction is not barred. There is provision under Sec. 251 of the said Act that the party may approach Tehsildar for redressal of grievance against interference in actual enjoyment of easements, however, any order passed by the Tehsildar would not debar the claimer of easement to approach the civil court by a regular suit.