Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Dinesh Bhargava, S/o Late Shri Laxmi Narain Bhargava – Appellant
Versus
Mandir Murti Shri Charan Das Ji Maharaj – Respondent
| Table of Content |
|---|
| 1. common judgment for multiple appeals. (Para 1 , 2) |
| 2. details of factual background pertaining to land disputes. (Para 3 , 4) |
| 3. arguments regarding jurisdiction and standing of parties. (Para 8 , 10 , 11) |
| 4. discussion on civil and revenue court jurisdiction. (Para 12 , 13 , 14 , 19) |
| 5. conditions under which evidence can be admitted. (Para 15 , 16) |
| 6. details of property laws regarding gift deeds. (Para 22 , 24) |
| 7. analysis of legal provisions regarding civil suits. (Para 25 , 26 , 27) |
| 8. court's jurisdiction dependent on revenue court findings. (Para 28 , 30 , 31) |
| 9. res judicata and observations on past cases. (Para 32 , 33) |
| 10. reaffirmation of property transfer rules. (Para 34 , 39 , 40) |
| 11. final views on jurisdiction and case dismissal. (Para 41 , 42) |
| 12. court's conclusion and orders for appeals. (Para 46 , 48 , 49) |
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
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
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.
Point of law: Considerations in terms of Section 100 CPC arise only when there is substantial question of law and not mere such questions of law or one based on facts. The learned counsel for the res....
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
