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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
Lrs. of Late Sanwarmal – Appellant
Versus
Smt. Seeta Devi – Respondent
Order :
1.Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 24.10.2024 passed by Additional District Judge No.6, Jodhpur Metropolitan, Jodhpur in Original Civil Suit No.51/2013 (N.C.V. No.14935/2014) titled as “Sita Devi V/s Sanwarmal” whereby the application preferred by late Sanwarmal Sharma for referring the matter to the revenue court on the issues framed on the agricultural land has been dismissed.
3. Learned counsel for the petitioners submits that plaintiffs preferred a suit seeking decree of partition, which is pending consideration before the Civil Court. He submits that as per the issues framed by the learned trial court, one of the issues pertains to the partition of the land, which is agriculture in nature. Learned counsel submits that the issue with respect to the partition of agriculture land is required to be sent to the revenue court for its adjudication. To buttress his contention, learned counsel for the petitioners has relied upon the judgment dated 16.02.2015 passed by a Coordinate Bench of this Court in S.B.Civil Writ Petition No.2866/2014 (Modu Ram V/s Board of Revenue & Ors.) and judgment dated 03.12.2024
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.
The trial Court erred in ruling that it lacked jurisdiction over agricultural land, necessitating a determination of shares among legal heirs as per the Rajasthan Tenancy Act.
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....
A clerical error in a decree's operative portion does not invalidate a judgment if substantive issues are resolved, and prior partition must be proven by the defendants.
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....
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....
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