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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL
Mst. Raja D/o Abdul Raheem Khan – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. In appeal under Section 96 of the Code of Civil Procedure, being RFA no.50/2024, setting-aside of the Order dated 18th April 2024, passed by 1st Additional District Judge, Srinagar, on an application under Order VII Rule 11 CPC, rejecting civil suit titled as Mst. Raja and others v. U.T. of J&K and others, for want of jurisdiction in light of Order VII Rule 11 CPC read with Section 139 of J&K Land Revenue Act, is being sought on the grounds made mention of therein.
2. In writ petition, being WP(C) no.305/2020, petitioners pray to direct respondents to allow them to complete the construction of already double storeyed residential house with attic and compound walling on a plot of land falling under Khasra no.2465/980 situated at Rawalpora, Srinagar, in accordance with building permission Order no.1515 of 2015 dated 26th November 2015. Petitioner also seek to direct respondents to allow petitioner no.2 to commence construction of double storeyed residential house with attic and compound walling on a plot of land falling under Khasra no.2465/980 situated at Rawalpora, Srinagar, in accordance with building permission Order no.1515 of 2015 dated 26th November 2015. Petitione
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.
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 court upheld the grant of permission under Sec. 91 of CPC, emphasizing the need for reasoned and judicious exercise of the power to grant leave. The court also emphasized the requirement for the ....
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.
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.
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