Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.

JUDGMENT :

GANESH RAM MEENA, J.

1. All these four appeals arise out of common judgment and decree and the controversy involved in all these appeals are also similar, hence, these four appeals are being decided by a common judgment.

2. These four appeals have been filed by the appellants for quashing and setting aside the judgment and decree dated 12.01.2018 passed by the Court of learned Addl. District Judge No.3, Alwar (for short ‘the court below’) in Civil Suit No. 41/2011 (49/2008) and in Civil Suit No.42/2011 (48/2008)-in First Appeal No.359/2018.

3. Facts of First Appeals No.201/2018, 200/2018 & 355/2018:-

The facts emerge out from the pleadings are that on 17.11.2008 the plaintiff - respondents No. 1 to 4 filed a suit against the defendants appellants and defendant - respondent No. 1 and 3 for declaration and permanent injunction stating therein apart from other facts that the plaintiff respondent Mandir Murti Shri Charan Das Ji Maharaj is situated in Kasba Dahra, earlier which was known as Mandir Bihari Ji, but due to tapsaya by Sant Charan Das Ji Maharaj between 1859 to 1871 in the temple it is being called as Mandir Murti Shri Charan Das Ji Maharaj, Dahra. Erstwhile Alwar His Highness Sawai Bakhtawar Singh granted agricultural land as Mafi to the aforesaid temple between 1859 to 1871, ad-measuring about 26 Bigha 8 Biswa and about 50 Bigha in total about 76 Bigha in Gram Dahra and Gram Bahaurpur, which was recorded in the name of Sadhu Shri Charan Das Ji Maharaj and expenses of seva puja in temple, etc are being borne out of the income from aforesaid land. After demise of Shri Charan Das Ji Maharaj aforesaid land was recorded in the name of his Chela Shri Puran Das Ji Maharaj and after demise of Shri Puran Das Ji Maharaj aforesaid land was recorded in the name of his Chela Shri Gopal Das Ji Maharaj being Mahant of Mandir Charan Das. A suit was filed by another Mahant Seva Das Chela Prem Das against Gopal Das Chela Puran Das before the Court of S.D.O., in which compromise was filed by both the parties in collusion and they got decree in aforesaid suit on 04.04.2007. On the basis of aforesaid decree entries were also changed and they got recorded the aforesaid in their respective names on the basis of aforesaid collusive decree. Thereafter, the defendant respondent No. 5 has illegally executed three gift deeds, described in Para No. 1 of the plaint, in favour of the defendant No. 2- appellant which were registered on 24.09.2007 in the office of Sub - Registrar which are liable to be declared as void. After execution and registration of aforesaid three gift deeds in favour of the defendant No. 2- appellant mutation entries No. 267, 268 and 269 dated 20.02.2008 were made in his favour, which were challenged by the plaintiff respondents by filing appeals before the Collector, Alwar. The defendant No. 2- appellant has sold 92 air land bearing khasara No. 515 through sale deed dated 23.07.2008 in consideration of Rs. 4,75,000/- in favour of defendant No. 3 which is also liable to be declared void against the rights of the plaintiff - respondent No. 1. Aforesaid land is in the possession of the plaintiff