JUDGMENT :

Arun Bhansali, J.

1. This revision petition is directed against the order dated 16.04.2019 passed by the trial court, whereby the application filed by the petitioners under Order VII, Rule 11 CPC, has been rejected.

2. The application under Order VII, Rule 11 CPC was filed, inter alia, on the ground that the suit was barred under provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Rajasthan Tenancy Act'), inasmuch as, the suit land was an agriculture land.

3. The application was contested by the respondents and the trial court after hearing the parties, came to the conclusion that the suit seeking cancellation of sale deed as void did not fall within the 3rd Schedule of the Rajasthan Tenancy Act and only civil court has the jurisdiction.

4. Learned counsel for the petitioners made submissions that the trial court was not justified in rejecting the application by making the said observations as it is well settled that in case the subject matter of the suit is an agriculture land, merely because a sale deed has been executed, it is not necessary that the suit must be filed before the civil court. Once a party gets a declaration from the revenue court and the sale