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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M.A.CHOWDHARY
Sohan Singh, S/o. Late Krishan Singh – Appellant
Versus
Chuni Lal, S/o. Bhulla – Respondent
ORDER :
M.A. CHOWDHARY, J.
With the appearance of Mr. Amit Gupta, learned counsel appearing on behalf of the caveator-respondent, Caveat No.51/2026 is discharged.
1. The instant revision petition, under Section 115 of the Code of Civil Procedure, has been preferred by the petitioners against the order dated 30.12.2025 passed by the Court of learned Civil Judge (Junior Division), Hiranagar, Kathua in File No.82/Civil, by virtue of which, application moved by the petitioners under Order 7 Rule 11 of the CPC was dismissed.
2. The respondent-Chuni Lal filed a civil suit for permanent prohibitory injunction seeking to restrain the defendants including the petitioners herein from causing any sort of interference in any manner and by any mode, in the peaceful possession of the plaintiff over the land, measuring 11 kanals 13 marlas, comprising of Khasra No.1194, situate at Bhaiya, Tehsil Hiranagar and District Kathua, including by not creating obstruction in cultivation, encroaching upon and grabbing the same and causing ouster of the plaintiff therefrom forcibly either themselves or through anybody else.
3. During the pendency of the suit, the defendants 5, 6 and 7 namely Champa Devi, Sohan Si
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.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
Suits concerning unconverted agricultural land are exclusively under the jurisdiction of revenue courts, as established by Section 207 of the Rajasthan Tenancy Act, 1955.
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