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2021 Supreme(Raj) 351

ARUN BHANSALI
Mahendra Kumar – Appellant
Versus
Maya Devi – Respondent


Advocates appeared:
Mr. C.S. Kotwani, for the Appellant; Mr. S.L. Jain, for the Respondent.

JUDGMENT

1. These revision petitions have been filed by the petitioners aggrieved against the orders dated 07.07.2017 passed by the trial court, whereby, the applications filed by the petitioners under Order VII Rule 11 CPC have been rejected.

2. The suits were filed by the plaintiffs-respondents No.1 & 2 seeking declaration in relation to the gift deed dated 18.11.2014 in Civil Original Suit No.48/2016 and Will dated 18.11.2014 in Civil Original Suit No.47/2016 executed by Sahab Ram, father of the plaintiffs and defendants No.1 to 4 were void and ineffective against the plaintiffs and that perpetual injunction against the defendants from dealing with the properties in question.

3. It was inter alia indicated in the suit that the suit properties were joint family properties and deceased Sahab Ram inter alia had no right to execute the gift deed and Will qua the properties in question and, therefore, the same were liable to be declared as void.

4. The present applications were filed by the defendants under Order VII Rule 11 CPC inter alia with the submissions that the suits were barred under provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act'), inasmuch as a suit see

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