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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
Sapna, D/o. Madan Singh – Appellant
Versus
Kashiram, S/o. Nanu Ram – Respondent
| Table of Content |
|---|
| 1. background of land ownership dispute (Para 1 , 2) |
| 2. arguments regarding land classification (Para 3 , 5 , 6 , 7) |
| 3. court's assessment of jurisdiction and land status (Para 4 , 8 , 11 , 12) |
| 4. provisions of section 207 of the tenancy act (Para 9 , 10) |
| 5. conclusion and order of revision petition (Para 13 , 14 , 15) |
ORDER :
KULDEEP MATHUR, J.
1. The instant revision petition has been filed by the petitioners- defendants aggrieved against the order dated 06.09.2025 passed by the learned Civil Judge, Rawatsar, District Hanumangarh in Civil Original Case No.93/2025 titled as “Kashiram Vs. Aman Tikka & Ors.” whereby the application preferred by the petitioners under Order VII Rule 11 CPC has been rejected. The respondent No.1 - plaintiff filed a suit for declaration and permanent injunction praying that land of plot No. 51 measuring 30’ x 60’ (1800 sq. ft.) situated at in Chak No.11 AM Patthar No.166/410 (37) Kila No.23, has been in the ownership of the plaintiff and further prayed for grant of permanent injunction.
2. In the civil suit, it was stated that the petitioners were having the agricultural land in Chak No.11 AM Patthar No.166/410 (37), total 0.2400 hectare i.e. 08
Suits concerning unconverted agricultural land are exclusively under the jurisdiction of revenue courts, as established by Section 207 of the Rajasthan Tenancy Act, 1955.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
The definition of 'land' under the Rajasthan Tenancy Act excludes mining operations from being classified as agricultural land, affecting the jurisdiction of Civil Courts.
The central legal point established in the judgment is the distinction between void and voidable documents and their impact on the jurisdiction of revenue and civil courts in cases involving agricult....
Civil courts lack jurisdiction over suits involving agricultural land, which must be adjudicated by revenue courts as per Section 207 of the Rajasthan Tenancy Act, 1955.
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