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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MS. JUSTICE REKHA BORANA, J
Sunil S/o Manohar Lal Sanadhya – Appellant
Versus
Ostwal Phoschem (India) Ltd – Respondent
Judgment :
1. The present regular first appeal has been preferred against the order dated 15.04.2023 passed by the Additional District Judge No.3, Bhilwara in Civil Original Suit No.05/2021 whereby the application under Order VII Rule 11 of Code of Civil Procedure, 1908 (‘CPC’) as filed on behalf of the defendants had been allowed and as a consequence, the suit for cancellation of sale-deeds, declaration of khatedari rights and permanent injunction as filed on behalf of the plaintiffs stood dismissed. A decree has been drawn accordingly.
2. The averments made in the plaint were to the effect that the land in question was an ancestral and joint Hindu family property and the plaintiffs being coparceners were entitled for their respective shares in the suit property. However, defendant No.3 – Manoharlal, father of plaintiffs No.1 to 4 and husband of plaintiff No.5, sold out the said property to defendants No.1 & 2 without there being any necessity and without he being solely entitled to sell out the same.
3. With the above pleadings, prayers to cancel the sale deeds dated 21.08.2020; for possession of the land in question; for declaration of the land to be the joint Hindu family property
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
Order VI Rule 17 CPC reads as amendment of pleadings.
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