AMAN BAID Vs. MAHESH KUMAR SHARMA

JUDGEMENT

(1.) This civil revision petition has been filed by the petitionersdefendants (for short 'the defendants') under Sec. 115 CPC against the order dtd. 1/11/2022 passed by Additional Civil Judge & Metropolitan Magistrate No.4, Jaipur Metropolitan-II Jaipur in Civil Suit No.375/2022, whereby the application filed by the defendants under Order 7 Rule 11 CPC has been dismissed. Learned counsel for the defendants submits that respondentplaintiff (for short 'the plaintiff') filed a suit for mandatory and permanent injunction against the defendants in which defendants filed an application under Order 7 Rule 11 CPC. Learned counsel for the defendants further submits that trial court had committed error in dismissing the application filed by the defendants. Learned counsel for the defendants further submits that plaintiff in his plaint mentioned that the present land was agricultural land, so civil court had no jurisdiction to try it. So, the application be allowed and suit filed by the plaintiff be dismissed on account of jurisdiction.

(2.) Learned counsel for the defendants has placed reliance upon the following judgment:- Pyarelal Vs. Shubhendra Pilania (minor) through Natural Guardian (Father) Shri Pradeep Kumar Pilania and Ors. reported in (2019) 3 SCC 692; Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendants and submitted that the present suit filed by the plaintiff was not regarding the agricultural land. The said agricultural land was converted by the Jaipur Development Authority into residential land. Learned counsel for the plaintiff further submits that on account of dispute between the parties, the agreement was executed between them on 26/1/2022. The defendants had not complied with the terms of the said agreement, so plaintiff wanted to get complied with the said agreement. Without complying the said agreement, defendants had no right to construct or alienate the disputed land, so trial court has rightly dismissed the application under Order 7 Rule 11 CPC filed by the defendants. So, the present petition filed by the defendants being devoid of merit, is liable to be dismissed.

(3.) I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiff.