IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE BIRENDRA KUMAR, J
Magan Lal Bhati S/o Mangi Lal Bhati @ Mana Bhati – Appellant
Versus
Rameshwar Lal Bhati S/o Mangi Lal Bhati @ Mana Bhati – Respondent
Headnote: Read headnote
JUDGMENT :
BIRENDRA KUMAR, J.
1. Heard the parties.
2. This appeal is against order and decree dated 18.07.2022 passed in Civil Original Suit No.23/2020, whereby the learned trial Judge rejected the plaint in exercise of power under Order VII Rule 11 C.P.C. on the prayer of the defendant-respondent.
3. The plaintiff-appellant had brought the said suit for partition of his half share in the suit property bearing Khasra No.488, area 15 Biswa, situated near Kesardesar Well in Bikaner. The sole respondent is full brother of the appellant. The plaintiff stated in the plaint that the aforesaid land is recorded in the revenue records in the name of father of the parties namely Mangi Lal Bhati @ Mana Bhati. Initially, the land was being used for growing vegetables, however gradually population of Bikaner increased and thereafter, the ancestors constructed house on the aforesaid Khasra, some of the portion is still vacant. The boundary of the land is referred as follows : -
| North | South | East< |
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....
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....
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
A power of attorney cannot confer title to property, and ownership must be established for granting partition or possession. Individuals may seek partition based on possessory rights, but a valid cau....
Dahiben Vs. Arvindbhai Kalyanji Bhanusali (Gajra) (D) THR LRS & Ors.
-
Read summaryLiverpool & London S.P. & I Assn. Ltd. v. M.V.Sea Success I & Anr.
-
Read summaryHardesh Ores (P.) Ltd. v. Hede & Co.
-
Read summary
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.