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N. V. ANJARIA, SANDEEP N. BHATT
Narpatsang @ Narpatsinh Takhatsinh Jadeja – Appellant
Versus
Man Industries India Ltd. – Respondent
JUDGMENT :
N.V.ANJARIA, J.
This First Appeal is directed against judgment and decree dated 3.12.2008 passed by learned Additional Senior Civil Judge, Anjar, Kachchh, whereby the court below granted application Exhibit 58 filed by defendant Nos.8, 9 and 10 under Order VII Rule 11 of the Code of Civil Procedure, 1908, consequentially rejected the claim.
2. The Special Civil Suit No.16 of 2008 was instituted by five plaintiffs for the relief of permanent injunction and declaration, further to get cancelled the registered deeds. The subject matter of the suit was land bearing survey No.503/1 ad measuring 11 acres and 5 gunthas and survey No.503/2 ad measuring 3 acres and 21 gunthas, situated at village Moti Khedoi Taluka Anjar, Kachchh, which bear old survey No.576 paiki.
2.1 It was the case of the plaintiffs that as per the old record, in Sud book, one Takhatsang Bhupatsang Jadeja was shown as owner whereas one Pataji Becharji was named as agriculturists. The plaintiffs averred that plaintiff No.1 was heir of said one Takhatsang Jadeja whereas plaintiff Nos.2 to 5 were the heirs of Isharji Bhupatsang Jadeja.
3. The prayers sought for in the suit were as under,
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
The central legal point established in the judgment is that the jurisdiction of the civil court to entertain a suit for injunction was not barred by the provisions of Section 206 of the U.P. Revenue ....
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