Back
REKHA BORANA
Ratan Lal – Appellant
Versus
Kanna Ji Dangi – Respondent
ORDER :
1. The present regular appeal has been preferred against the order dated 08.03.2013 passed by Additional District Judge No.1, Udaipur in Civil Original Case No.9/2012 whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by defendants No.2 to 10 has been allowed and as a consequence, the suit for declaration, correction in the revenue record, partition and permanent injunction as preferred by the plaintiffs has been dismissed.
2. The brief facts are that the plaintiffs preferred a suit for the reliefs as abovementioned with a plea that the agricultural lands as mentioned in the plaint were the ancestral properties and being coparceners, they too have a share in the property. Therefore, they prayed for partition of the properties and further prayed for mutation in the revenue records and also for cancellation of the sale deeds and other transfer deeds as executed by the other coparceners in favour of the other defendants.
3. An application under Order VII Rule 11 of the Code of Civil Procedure was preferred by the defendants No.2 to 10 on two grounds: Firstly, that the reliefs as prayed for specifically pertained to agricultural lands and t
Civil courts have jurisdiction to adjudicate partition of agricultural land when no tenancy dispute exists, as per Section 242(1) of the Rajasthan Tenancy Act, 1955.
A Civil Court can entertain a partition suit despite the land being recorded as agricultural if the actual use has changed to residential, emphasizing that technicalities should not impede substantia....
The main legal point established in the judgment is the interpretation and application of the provisions of the Punjab Land Revenue Act, 1887, specifically regarding the jurisdiction of the civil cou....
Civil courts lack jurisdiction to challenge partition proceedings by revenue authorities unless a question of title arises or jurisdictional defects are alleged, as prescribed by Section 171 of the H....
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
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....
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
Jurisdiction of different courts in cases involving different types of properties and causes of action.
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
