AMU DEVI Vs. KHETA RAM

JUDGEMENT

(1.) The appellant plaintiffs have filed the present appeal against the judgment and decree dated 18.02.2017 whereby, the application filed by the defendant No. 3 under Order 7 Rule 11 CPC has been allowed and suit of the plaintiffs has been rejected.

(2.) Brief facts of the case are that the appellant plaintiffs filed a suit for cancellation of sale deed, declaration and injunction against the respondent defendants stating therein that the land bearing Khasra No. 2840 area 23 bigha 3 biswa, Khasra No. 2847 area 39 bigha 6 biswa total 62 bigha 9 biswa was in khatedari of their father Moti Ram. After death of Moti Ram, this land was wrongly entered in the name of Kheta Ram and Bhoora Ram. It was averred that on the basis of succession, though the plaintiffs being daughters of Moti Ram are also the successors alongwith Kheta Ram and Bhoora Ram, as such the sale deed of half share of land executed by Bhoora Ram in favour of defendant No. 3 Smt. Sugni is illegal and same is liable to be cancelled. It was also prayed that the plaintiffs may be declared khatedar owner of the disputed land and injunction may be passed against the defendants not to interfere in the possession of the plaintiffs.

(3.) After service of summons of the suit, an application under Order 7 Rule 11 CPC was filed on behalf of defendant No. 3 to the effect that the suit for cancellation of instrument can be filed by the parties to the sale deed or the person claiming under the same. The plaintiffs claimed 1/2 - 1/2 share in the disputed land and prayer for declaration and injunction which relief can only be granted by revenue court under Section 207 of the Rajasthan Tenancy Act and Civil Court has no jurisdiction and prayed for rejection of the plaint.