SOHAN SINGH Vs. RAJKIDEVI

JUDGEMENT

(1.) By the instant revision petition under Sec. 115 CPC, petitioner-defendant has assailed order dtd. 18/10/2023, passed by Additional Senior Civil Judge, Rajsamand (for short, 'learned trial Court') in Civil Original Case No.05/2023, whereby learned trial Court, by the order impugned, rejected application of the petitioner-defendant under Order 7 Rule 11 CPC.

(2.) Succinctly stated the fact of case that on 5/4/2023, the respondent no.1- plaintiff has filed a suit before Senior Civil Judge, Rajsamand for cancellation of sale deed dtd. 3/3/2023 as null and void and sought permanent injunction against petitioner defendant. It was inter alia alleged in the plaint that the agriculture land bearing khata Nos. 278, 279, 280, 281, 282, 283 and 284 ad-measuring about 6.2594 hectare situated in village Antaliya Patwar Circle, Antaliya, Tehsil Garhbor, District Rajsamand was recorded in the name of Bhanwar Singh/respondent no.2 in revenue record is an ancestral land. The respondent no.1 further alleged that the respondent no.2 is not the sole owner of the said agriculture land as land is ancestral and she has acquired right of equal share by birth in ancestral agriculture land as per the provision of Hindu Succession Act. The respondent no.2 has sold the said agriculture land vide registered sale deed dtd. 3/3/2023 in favour of the petitioner-defendant no.1 and when this fact came to her knowledge, she preferred a suit before the Senior Civil Judge, Rajsamanad against the petitioner-defendant no.1 and other respondents (defendants).

(3.) The defendant filed an application under Order VII Rule 11 CPC inter alia with the submissions that as the subject matter of the said deed, of which cancellation is being sought, is an agricultural land, as such the suit is barred under Sec. 207 of the Rajasthan Tenancy Act, 1955 and prayed for its dismissal.