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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Lrs Of Smt. Bhagwati Devi – Appellant
Versus
Lrs Of Mohammad Ali – Respondent
| Table of Content |
|---|
| 1. examination of jurisdictional issues related to land ownership. (Para 3 , 4 , 5 , 6 , 8) |
| 2. court's decision on litigation jurisdiction. (Para 7) |
| 3. final judgment and directives for the next steps. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
FARJAND ALI, J.
1. By way of filing this instant appeal under Section 96 of the Code of Civil Procedure, the appellants have assailed the judgment and decree dated 02.07.2022 passed by learned District Judge, Banswara, in Civil Original Case No. 08/2016, whereby the suit instituted by the appellants for injunction and cancellation of entry has been dismissed.
2. The brief facts of the present case is that the plaintiffs– appellants filed a suit for permanent injunction and cancellation of mutation entry in respect of abadi land situated at Banswara, bearing Survey No. 2384, alleging that the land belongs to them and that defendant–respondents No. 6 to 8, by forging documents, changed the mutation entry and raised illegal construction thereon. It was prayed that the mutation entry over the land, being abadi land, be cancelled and injunction be granted. The defendant– respondents contended in their written statement that the land in question
Civil courts lack jurisdiction over agricultural land mutation disputes, which fall under revenue courts as per statutory provisions.
When a document of registered sale-deed is produced before the authority, the revenue authorities are bound to give effect to the same and are not required to decide the question of title.
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