Back
MAHENDAR KUMAR GOYAL
Gurmeet Singh – Appellant
Versus
Devkaran – Respondent
ORDER :
Mr. Mahendar Kumar Goyal, J. - This civil revision petition is filed by the unsuccessful defendant against the order dated 06.02.2023 passed by the learned Civil Judge, Thanagazi (for brevity "the learned trial Court") in Civil Suit No.34/10/2023 whereby, an application filed by him under Order 7, Rule 11 CPC has been dismissed.
2. The relevant facts in brief are that the respondent-plaintiff (hereinafter referred to as "the plaintiff") filed a suit against the defendant with the averments that a residential Bada as described in Para 1 of the plaint situated in village Guwara Bandipul, Tehsil Thanagazi, District Alwar was under his ownership and possession since the time of his ancestors in which he has raised construction of a residential house. It was alleged that the defendant wants to dispossess him forcibly and interfere with in his use and occupation of the suit premises. Therefore, a decree of permanent injunction was prayed for. The defendant filed an application under Order 7, Rule 11 CPC stating therein that the plaintiff has not specified the Khasra number in which the disputed residential Bada was situated and he has filed the suit wrongly reckoning the agricultur
Civil courts lack jurisdiction over suits involving agricultural land, which must be adjudicated by revenue courts as per Section 207 of the Rajasthan Tenancy Act, 1955.
Suits concerning unconverted agricultural land are exclusively under the jurisdiction of revenue courts, as established by Section 207 of the Rajasthan Tenancy Act, 1955.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
A plaint cannot be rejected under Order 7 Rule 11 if it discloses a valid cause of action, irrespective of claims of vexatiousness or absence of declaratory relief.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
