GURMEJ SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) By the instant revision petition petitioner-defendant has challenged order dtd. 22/8/2016, passed by Senior Civil Judge, Padampur, District Sri Ganganagar (for short, 'learned Court below'), whereby, learned Court below has rejected his application under Order VII Rule 11 CPC in a suit for mandatory injunction filed by respondent-plaintiffs.

(2.) Briefly stated, it is, inter-alia, averred in the plaint by the respondent-plaintiffs that they are availing irrigation facilities for Murabba No.10 from Pucca Naka through Govt. Kachha Khala. It is also averred that presently this Kachha Khala's two tributaries are recorded in revenue records for agricultural land of Kila Nos.5, 6, 15, 16 and 25 ad-measuring 2 biswa each and utilized by the respondent-plaintiffs for irrigating their land since last 50 years. As per respondent-plaintiffs' positive assertion, there was no way at the agricultural land of aforesaid Kilas of Murabba No.10. Thus, prayer was made not to demolish or cause any damage to these Nakas.

(3.) Petitioner-defendant filed an application under Order VII Rule 11 CPC to resist the suit. In the application, petitioner raised a specific objection that suit is barred by law inasmuch as for deciding right to way approaching an agricultural land appropriate forum is revenue courts. As per petitioner, jurisdiction, in respect of such dispute, is vested in revenue courts under Ss. 251 and 251-A of the Rajasthan Tenancy Act, 1955 (for short 'Act of 1955'). It is further pleaded in the application that pertaining to such disputes, a suit can be filed by the respondent-plaintiffs before the revenue courts under Ss. 92-A and 188 of the Act of 1955. Thus, in substance, it is pleaded that suit is barred before a civil court under Sec. under Sec. 207 of the Act of 1955.