ABHAY SINGH Vs. RANVEER

JUDGEMENT

(1.) Instant civil revision petition has been preferred by the petitioner-defendant (for short 'the defendant) against the order dtd. 28/10/2024 passed by Additional District Judge No. 1, Behror, District-Alwar (for short 'the trial Court') in civil suit No. 15/2024 titled as "Ranveer Vs. Abhay Singh and Anr." whereby the trial Court dismissed the application filed by the defendant under Order 7 Rule 11 read with Sec. 151 CPC.

(2.) Learned counsel for the defendant submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit for pre- emption and permanent injunction against the defendant and respondent No. 2 with regard to agricultural land mentioned in the para No. 1 of the plaint. Learned counsel for the defendant further submits that defendant filed an application before the trial Court under Order 7 Rule 11 read with Sec. 151 CPC that Rajasthan Pre-emption Act, 1966 is not applicable in agricultural land because the plaintiff is not absolute owner of the agricultural land. Owner of the agricultural land is State. Plaintiff is only the tenant but the trial Court vide order dtd. 28/10/2024 wrongly dismissed the application filed by the defendant. So, the petition filed by the defendant be allowed.

(3.) Learned counsel for the defendant placed reliance upon the judgments passed by Hon'ble Apex Court in the cases of "Mohd. Noor and Ors. Vs. Mohd. Ibrahim and Ors." passed in civil appeal Nos. 2696/1982, 6779/1983 and 4894/1993 reported in (1994) 5 SCC 562 and "Babu Ram Vs. Santokh Singh (Deceased) Thr. his Legal Representatives and Ors." passed in civil appeal No. 2553/2019 decided on 7/3/2019.