Hon'ble AGARWAL, J.—Challenge in this appeal is to the impugned judgment and decree dated 17.1.2011 passed by Additional District Judge, Beawar (District Ajmer) in Civil Suit No.71/2010 whereby by coming to a conclusion that the suit is exclusively triable by a revenue court, he allowed the application filed under Order 7 Rule 11 CPC by the defendant-respondents and in consequence thereof dismissed the suit filed by the plaintiff-appellants.

2. Brief relevant facts for the disposal of this appeal are that the plaintiff-appellants filed a suit for cancellation of sale deed, permanent and mandatory injunction before the Court below with the averments that the land in dispute, an agricultural land, originally was in the khatedari of one Shri Lumba and his brother-Shri Ladu both son of Shri Azima and Shri Ladu died issue-less some time in the year 1958 and whole of the land devolved on defendant-respondent-Shri Buddha and Shri Mangla predecessor in title of defendant-respondents No.2 to 7 and both of them i.e. Shri Buddha and Mangla jointly sold the land in dispute by way of a registered sale deed dated 3.11.1959 to the father of appellants; Shri Nizam and after the death of Shri Nizam,

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