JASSU DEVI Vs. RAMPYARI

JUDGEMENT

(1.) Heard learned counsel for the parties, perused the order under challenge, and gone through the other material as made available to this Court, particularly the certified copy of the plaint, Annexure-1.

(2.) Bereft of unnecessary details, succinctly stated, the facts of the case are that the respondents-plaintiff filed a civil suit praying therein to declare the sale deed dtd. 13/7/2011 to be void towards his interest. The main averment in the plaint, mentioned in paras No. 2 to 6 of the plaint, is that the power of attorney dtd. 7/7/1997 was a false document and the sale consideration was never paid to him.

(3.) The petitioners, who are defendants in the case, moved an application under Order 7 Rule 11 C.P.C., averring therein that since a prayer for recovery of possession is also made and the suit property is an agricultural property, therefore, the Civil Court has no jurisdiction; rather, as per Sec. 183 of the Rajasthan Tenancy Act, such prayer can be granted by the concerned revenue court and there is express provision under Sec. 207 of the Rajasthan Tenancy Act barring such suits to be entertained by any other court except the revenue court.