KIRAN KANWAR WIDOW OF LATE PRITHVI SINGH AND OTHERS Vs. DURGA DEVI W/O LATE SHRI PADAM SINGH AND OTHERS

JUDGEMENT

(1.) Both the counsels agreed that the matter may be decided at this stage.

(2.) Admit.

(3.) The petitioners-plaintiffs referred two suits for declaration and permanent injunction which were consolidated by the SDO, Malpura. Upon notices having being issued to the respondents-defendants, an application under Order VII, Rule 11 was preferred by the respondents, which has been allowed by the SDO, Malpura vide order dated 24.11.2009 holding that the jurisdiction of the Revenue Court would not lie in relation to the question regarding adoption of the plaintiff by the respondent as also with regard to validity of the sale deed executed in favour of the respondent No.2. On the averment made by the respondents that the respondent No.1 is alive, the claim on the basis of succession could not be led and cause of action does not arise and the suits have been rejected. The order passed by the SDO has been upheld by the Revenue Appellate Authority as well as by the Board of Revenue. Hence, the present writ petition has been preferred, aggrieved thereof, by the petitioners.