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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Jain
Gajanand S/o Shri Ramjilal – Appellant
Versus
Omprakash S/o Shri Gajanand – Respondent
What is the requirement of khatedari rights declaration before civil suits regarding agricultural land? What is the effect of declaring khatedari rights on pending civil suits and their maintainability? What is the proper forum for claims to khatedari rights and related property rights in agricultural land?
Key Points: - The civil suits regarding agricultural land are not maintainable without prior declaration of khatedari rights by revenue court. (!) (!) - The revision petition held that the suit is barred and rejected because khatedari rights were not declared; revenue court declaration can affect or void the gift deed. (!) (!) (!) - The court referenced that mutation entries in revenue records are for fiscal purposes and do not confer title; khatedari rights must be declared in revenue court before civil action. (!) (!) (!) - The Supreme Court precedents cited: Pyare Lal Vs. Shubhendra Pilania; T. Arivandandam; Sopan Sukhdeo Sable; etc., establishing that plaints must disclose a cause of action and that civil courts lack jurisdiction without khatedari declaration in such matters. (!) (!) (!) (!) - The trial court’s order rejecting Order VII Rule 11 CPC application was set aside; suit was rejected under Order VII Rule 11 CPC. (!) (!) - The revenue suit filed subsequently is considered maintainable; civil suit cannot proceed on khatedari questions without revenue declaration. (!)
ORDER :
Ashok Kumar Jain, J.
1. Instant revision petition is preferred by petitioner defendant (father of plaintiffs) aggrieved from order dated 23.08.2023 in civil suit no. 71/2022 passed by learned Civil Judge Sikrai, District Dausa whereby application under Order VII Rule 11 CPC was dismissed.
2. Learned counsel for petitioner defendant while placing reliance upon grounds of revision petition submitted that the plaintiffs have filed a civil suit for declaration of gift deed dated 10.06.2022 as null and void and also for permanent injunction against their father and same is not maintainable as the plaintiffs are not a recorded khatedar (tenant) of land in question. He further submitted that there is no khatedari right either for cultivation or recorded in any of revenue record in favour of plaintiffs. He also submitted that without seeking a declaration of right as a tenant, the plaintiffs have no right to file a civil suit against a recorded tenant to declare gift deed as null and void. He further submitted that after filing of present suit the plaintiffs have filed a revenue suit to declare their khatedari right and present suit is not maintainable. He also submitted that Hon’ble
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