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RAMESHWAR VYAS
Pola Ram – Appellant
Versus
Seeta – Respondent
JUDGMENT
Rameshwar Vyas, J. - The instant civil revision petition under Section 115 of the Code of Civil Procedure, 1908 has been preferred by the defendants-petitioners against the Order dated 11.04.2022 passed by the Senior Civil Judge, Jodhpur Metropolitan in Civil Suit No. 05/2022 titled as "Smt. Seeta v. Polaram & Ors.", whereby the application under Order VII, Rule 11 read with Section 151 of C.P.C. filed by the defendants-petitioners has been rejected.
2. The facts of the case in short are that the plaintiff-Seeta (respondent No. 1 herein) filed the civil suit for cancellation of relinquish deed executed in favour of the defendants on the ground that on said relinquish deed, signature of the plaintiff was obtained by the defendants by playing fraud. She came to know about fraud when she obtained certified copies of the revenue record. The plaintiff further averred that on the basis of so-called relinquish deed, defendants may transfer her share in the agricultural land. Hence, she has prayed to declare disputed relinquish deed as null and void with consequential relief not to transfer share of the plaintiff in the agricultural land in question. During pendency of the suit, def
The main legal principle established is that the civil court has jurisdiction to decide on the genuineness of a relinquish deed and consequential reliefs, even in cases related to agricultural land, ....
The jurisdiction of civil courts is upheld in cases involving allegations of fraud related to agricultural land, provided the instrument in question is deemed voidable rather than void ab initio.
The main legal point established in the judgment is that if the allegations in the plaint make a case of the document being voidable, only the civil court would have jurisdiction to deal with the sai....
A Suit seeking a declaration in respect of a document of transfer of title to an agricultural land and seeking a relief of cancellation of the title transferred by the document is maintainable only i....
The central legal point established in the judgment is the distinction between void and voidable documents and their impact on the jurisdiction of revenue and civil courts in cases involving agricult....
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