The interpretation of the provisions in the Rajasthan Tenancy Act and CPC in determining the jurisdiction of the civil court over agricultural land.

Headnote:
Jurisdiction - Agricultural Land - Interpretation of Rajasthan Tenancy Act
Fact of the Case:

The defendants filed a revision petition challenging the trial court's order dismissing their application under Order 7, Rule 11 of CPC, claiming that the land in question is agricultural land and the relief sought by the plaintiff could not be granted by the civil court.
Finding of the Court:

The court found that the relief sought by the plaintiff for declaration of his right under a will did not fall under the declarations mentioned in the Third schedule to the Tenancy Act, and the mere fact that the land was agricultural did not bar the jurisdiction of the civil court.
Issues: Interpretation of provisions in the Rajasthan Tenancy Act and CPC, and whether the relief sought by the plaintiff fell under the Third schedule of the Tenancy Act.
Ratio Decidendi: The court held that to bar the jurisdiction of the civil court under Section 207 of the Tenancy Act, the defendants had to show that the reliefs prayed for by the plaintiff fell under the Third schedule and were triable exclusively by the Revenue court.
Final Decision: The court concluded that the trial court had rightly appreciated the provisions of the Tenancy Act and CPC, and the impugned order did not suffer from any illegality. The petition was dismissed.

JUDGMENT

1. - The present revision petition has been filed by the petitioners-defendants under Section 115 of C.P.C. challenging the order dated 23.07.2012 passed by the Civil Judge (Jr. Div.) No.1 Alwar (hereinafter referred to as "the trial court") in Civil Suit No.260/11, whereby the trial court has dismissed the application of the petitioners filed under Order 7, Rule 11 of CPC.

2. It has been submitted by the learned counsel Mr. Mohit Gupta for the petitioners that the petitioners had moved the application under Order 7, Rule 11 read with Section 207 of the Rajasthan Tenancy Act, in as much as the land in question is an agricultural land and the declaration sought by the plaintiff in the suit could not be granted by the civil court. The counsel has relied upon the provisions contained in Section 91 read with 207 of the Rajasthan Tenancy Act to substantiate his submissions.

3. The Court does not find any substance in the present petition in as much as the relief sought for by the respondent-plaintiff in the suit is for declaration of his right under the will dated 26.01.2007, which does not fall under any of the declarations mentioned in the Third schedule to the Tenancy Act. Merely because the land in question is agricultural land, that itself would not bar the jurisdiction of the civil court. In order to bring the case within Section 207 of Tenancy Act, which bars the jurisdiction of the civil court, the defendants have to show that the reliefs prayed for by the plaintiff fall under the Third schedule and triable exclusively by the Revenue court. The trial court having rightly appreciated the provisions contained in the Tenancy Act and C.P.C., the impugned order does not suffer from any illegality, which would require interference of this Court. The petition being devoid of merits deserves to be dismissed and is dismissed accordingly.Petition Dismissed.

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2013 Supreme(Raj) 691

RAJASTHAN HIGH COURT AT JAIPUR BENCHBelam M.Trivedi, J.Nawal Kishore and Ors. - AppellantVersusMadhoprashad - RespondentS.B. Civil Revision Petition No. 87 of 2012.Decided On : 24-01-2013

The interpretation of the provisions in the Rajasthan Tenancy Act and CPC in determining the jurisdiction of the civil court over agricultural land.

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Belam M.Trivedi, J.
Nawal Kishore and Ors. - Appellant
Versus
Madhoprashad - Respondent
S.B. Civil Revision Petition No. 87 of 2012.
Decided On : 24-01-2013