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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
SHANTI DEVI – Appellant
Versus
LRS OF LAKSHMI NARAYAN – Respondent
Order :
1. The present revision petition has been filed against the order dated 18.01.2025 passed by the Additional District Judge, Pokran in Civil Original Suit No.269/2017 (476/2016) (23/2012) whereby the application under Section 18 of the Rajasthan Rent Control Act, 2001 read with Order 7 Rule 11, CPC as filed on behalf of the defendants stood rejected.
2. Vide the above application, it was submitted on behalf of the defendants that the plaint deserves to be rejected being barred by law as the plaintiffs had specifically averred defendant No.1 to be their tenant and therefore, the suit definitely would lay before the Rent Tribunal only.
3. Heard the counsel and perused the material available on record.
4. A bare perusal of the plaint as placed on record along with the present petition reflects that the suit in question is for cancellation of a sale deed, declaration of ownership, permanent injunction and mesne profits.
5. In the specific opinion of this Court, the said reliefs cannot be within the domain of a Rent Tribunal. Furthermore, there is no averment in the plaint regarding defendant No.2 to be the tenant of the plaintiffs. What has been pleaded in the plaint is that defendan
Reliefs for ownership disputes, including cancellation of a sale deed, fall under Civil Court jurisdiction, not Rent Tribunal jurisdiction.
The jurisdictional objections under the Rajasthan Tenancy Act must be considered by the trial court when determining the validity of a sale deed and related injunctions.
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
: Court can always lift such veil and see real purpose of filing of suit. Section 18 of the Rent Control Act of 2001 admittedly bars the jurisdiction of any Civil Court in the matters relating to ten....
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
The Rent Controller's jurisdiction is limited to deciding eviction petitions and does not extend to adjudicating on the title of the landlord.
The court established that disputes between landlords and tenants must be resolved by the Rent Tribunal, not civil courts, as per Section 18 of the Rajasthan Rent Control Act, 2001.
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