CHAINARAM BHAT Vs. SMT. SHANTI BHAT AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order dated 5/2/2018 passed by the Addl. Civil Judge No.2, Pali, whereby, the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected.

(2.) The respondents, wife and children of deceased Pokar, filed a suit for cancellation of sale deed dated 17/6/1995 executed by Mangla Ji, father of late Pokar, in favour of China Ram s/o Mangla Ji and brother of Pokar, and permanent and mandatory injunction. The transferee Chaina Ram, daughters and Rama Ji, another son of Mangla Ji, were impleaded as party defendants to the suit.

(3.) The defendant No.1 - petitioner Chaina Ram filed an application under Order 7, Rule 11 CPC inter alia with the averments that the jurisdiction of the court was barred under Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act, 1955') as the sale deed pertains to an agricultural land and further submission was made that as the sale deed was executed on 17/6/1995, during the life time of Mangla Ji and Pokar, who died in 2001 and 2010, respectively, the suit was barred by limitation as well. Further submissions were made that there was no cause of action in favour of the plaintiffs and consequently the plaint was liable to be rejected.