SMT. JHAMKU AND OTHER Vs. DEVI LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 9/12/2016 passed by the Addl. District Judge No.4, Udaipur, whereby, the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.

(2.) The suit was filed by the plaintiff seeking cancellation of sale deed, declaration and injunction pertaining to the land ad measuring 63 Bigha 17 Biswa situated at village Khalatod. In the plaint two reliefs were sought: (i) cancellation of sale deed executed by defendant no.1 in favour of defendant no.2 and (ii) declaration in the name of plaintiff and permanent injunction. The application was filed by the petitioner under Order VII Rule 11 CPC on the ground that as the suit pertains to agriculture land, the same was barred under the provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act, 1955').

(3.) The application was resisted by the plaintiff. It was inter alia indicated that though the suit pertains to agriculture land, the nature of dispute is such which can only be decided by the civil court. Submissions were also made that the suit was based on the Will executed in favour of the plaintiff and it is within the jurisdiction of civil court only to adjudicate on the validity of the Will and, therefore, the application was liable to be dismissed. The trial court after hearing the parties came to the conclusion that as the suit has been filed seeking cancellation of sale deed based on the Will, the said relief can only be granted by the civil court and consequently rejected the application. It is submitted by learned counsel for the petitioner that the trial court fell in error in coming to the conclusion that the suit was triable by civil court and, therefore, order impugned deserves to be quashed and set aside. It is submitted that a bare reading of the plaint would indicate that the plaintiff wanted a declaration pertaining to the ownership of the land based on the alleged Will in his favour and said declaration could very well be granted by the revenue court and the relief regarding cancellation of sale deed was merely a consequential relief, therefore, the suit could only be maintained before the revenue court and as the filing of the suit before the civil court is barred under Section 207 of the Act, 1955, the order impugned deserves to be set aside. Reliance was placed on Kulveer Singh & Anr. vs. Board of Revenue, Ajmer : S.B.Civil Writ Petition No.2751/2015 decided on 22/4/2015.