RAJESHWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against order dated 27.5.16 passed by the Civil Judge (S.D.), Salumbar in Civil Suit No.10/14, whereby an application preferred by the petitioners under Order 7, Rule 11 CPC, stands dismissed.

(2.) The respondent/plaintiff filed a suit under Section 38, 39 of Specific Relief Act, 1963 (for short "the Act of 1963") seeking injunction inter alia against the petitioners not to demolish/damage the property subject matter of the suit namely, Naginabari, which is alleged to be ancient and historical archaeological building protected under the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 (for short "the Act of 1961"). It is averred in the petition that taking benefits of negligence on the part of the State authorities, the defendant no.7 and 8 have executed sale deed of the property in question in favour of the defendant no.6, the petitioners no.1 herein, whereas they have no title over the disputed property inasmuch as, the said property does not find mention in the list of the property of then Jagirdar issued by the Jagir Commissioner vide order dated 20.11.1959.

(3.) During the pendency of the petition, the petitioners filed an application under Order 7, Rule 11 CPC, seeking rejection of the plaint on the ground that the disputed property is the personal property of the defendant no.7 and 8 which has been sold to the defendant no.6 and thus, no cause of action accrues to the plaintiff in respect of the property in question. That apart, it was contended that without there being any relief claimed for declaring the sale deed executed as illegal, the suit as framed is not maintainable. The objection was also raised regarding the valuation of the property, stating that the value of the property is Rs.3 lacs as per the sale deed executed by the defendant no.7 and 8 in favour of respondent no.6 and therefore, the suit filed on deficient court fees deserves to be rejected.