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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
Mr. Justice Narendra Singh Dhaddha, J
Gayatri Sharma W/o Shri Bhagwan Sahai – Appellant
Versus
Deen Dayal Tiwari S/o Late Shri Gopal Sahai – Respondent
JUDGMENT :
1. With the consent of learned counsel for the parties, the appeals are being decided by this common judgment.
2. These appeals arise out of the judgment and decree dated 12.10.2012 passed by Additional District Judge No.7, Jaipur Metropolitan, Jaipur (for short ‘the trial Court’) in civil suit No. 68/2006 (56/2006), whereby the suit filed by the plaintiff-Smt. Gayatri Devi (for short ‘the plaintiff’) for partition as well as permanent injunction was partly allowed in her favour and preliminary decree was passed.
3. Brief facts of the case are that the eldest daughter of Deen Dayal i.e. Smt. Gayatri Sharma filed a civil suit for partition and permanent injunction against the defendants about the ancestral property. The pedigree is showing the relationship of parties in para No. 1 of the plaint. It was further mentioned in the para 2 of the plaint that the properties left by plaintiff’s grand father Late Shri Gopal Sahai son of Shri Raghu Nath Sahai were joint immovable properties situated in heart of Jaipur City Chokri i.e. Nohra House Muncipal No.1766 Vishvesharji Sauthli Walon Ka Rasta, inside Deewan Bhagchandra Ki Gali, Chaura Rasta, Jaipur and agricultural land situated
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.
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 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.
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....
The purchase of a specified portion of land in an un-partitioned area results in co-ownership, and jurisdiction for partition lies with both Revenue Authorities and Civil Courts depending on land typ....
The jurisdiction of Civil Courts is fundamental and must be specifically addressed; failure to do so vitiates the judgments.
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 court emphasized that without evidence of a partition deed, parties remain joint owners, and injunctions are justified to prevent prejudice pending adjudication.
The main legal point established in the judgment is that the possession of the suit land and the interference by the appellants were thoroughly assessed, and the court found the respondent to be in p....
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