Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Kanaram S/o Shri Padmaram Ji – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present Civil First Appeal, instituted under Section 96 of the Code of Civil Procedure, 1908 (hereinafter to be referred as “CPC”), has been preferred by the appellant assailing the judgment and decree dated 07.10.2024, passed by the learned Additional District Judge No.1, Jodhpur Metropolitan, in Civil Suit No. 34/2024. By the said judgment, the learned Court below has allowed the application filed by the defendant–respondent under Order VII Rule 11 CPC and, as a consequence thereof, the plaintiff’s suit has been rejected at the threshold.
1.1 During the pendency of the instant appeal, the appellant, Kanaram unfortunately expired, so the legal representatives of the appellant has been taken on record.
2. Briefly stating the facts of the case are that the appellants claim longstanding khatedari rights and settled possession over their land in Village Anganwa, separated from Khasra No. 78 by a 60-year-old boundary wall. They allege that respondent No. 2, relying on a torn and unreliable revenue map, wrongly treated their land as part of Khasra No. 78 and initiated coercive eviction proceedings without granting them any hearing. According to the appellants, this action ar
A plaint claiming possessory rights over land cannot be dismissed under Order VII Rule 11 CPC without examination of triable issues, ensuring access to justice.
Civil Courts lack jurisdiction over matters within the domain of Revenue Officers as per Section 139 of the J&K Land Revenue Act, and suits barred by law must be rejected under Order VII Rule 11 CPC.
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 over matters within the purview of Revenue Officers as per Section 139 of the J&K Land Revenue Act, leading to the dismissal of the appeal.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
The cause of action is a bundle of facts and cannot be decided at the preliminary stage of the suit.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
