Jurisdiction of civil court is barred under the Rajasthan Tenancy Act for matters concerning agricultural land; plaintiffs must first secure Khatedari Rights through the revenue court.

Order

1. Heard the parties.

2. By impugned order dated 08.05.2024 passed in Civil Case No.69/2012, the learned Additional District Judge No.2, Nagaur dismissed the prayer of the defendant-petitioner to reject the plaint under Order VII Rule 11 CPC.

3. Respondent Nos.1, 2 and 3 had filed the aforesaid suit for declaration that the sale deed executed by their father Ramnarayan (respondent No.4) in favour of the petitioner – Smt. Sohani Devi on 02.06.2007 in respect of Khasra No.502 is null and void; not affecting the interest of the plaintiff. Further prayer was for injunction, restraining the petitioner from dealing with the said property.

4. Learned counsel for the petitioner submits that it is not disputed that the suit property was ancestral property of the plaintiff. It is also not disputed that Khasra Nos.235 and 502 were agricultural lands besides other Khasras. It is specifically admitted in the plaint that the said Khasras are recorded in the revenue records in the name of Ramnarayan (Respondent No.4), the vendor of the petitioner.

Learned counsel for the petitioner contends that evidently respondent Nos.1 to 3 are not recorded Khatedars in respect of agricultural land (the suit property), therefore, they are required to get their Khatedari Right first declared by the revenue court before seeking any relief for declaration of sale deed as void etc before the civil court.

5. Learned counsel has relied upon the judgment of the Hon’ble Supreme Court in Pyarelal Vs. Shubhendra Pilania (Minor) through Natural Guardian (Father) Pradeep Kumar Pilania & Ors. reported in (2019) 3 SCC 692 .

In Pyarelal’s case also, plaintiffs were not recorded tenants and they had challenged transfer of their share in the joint property. The Hon’ble Supreme Court considered the relevant provisions of Section 207 , Section 88 and Schedule III of the Rajasthan Tenancy Act and held that the jurisdiction of the civil court was barred under Section 207 of the said Act, in respect of the subject matter, on which, jurisdiction with the revenue court was vested. As per Schedule III, it is jurisdiction of the revenue court to deal with declaration in respect of the agricultural land as well as declaration of khatedari Right. Unless the plaintiffs get their Khatedari Rights declared by the revenue court, their prayer as made in the suit was not maintainable before the civil court.

6. Para No.22 of the Pyarelal’s case (supra) is being reproduced below:-

“22. In the present case, the High Court has proceeded on the basis that the suit seeking a declaration of the gift deed relating to disputed agricultural land situated in Sikar as void and restraining Respondent Nos.1 to 5 from transfer or sale of the agricultural land before the civil court is squarely covered by the bar to the jurisdiction of the civil court under the provisions of the Tenancy Act. The claim of the appellant to khatedari rights is pending adjudication by a revenue court which has the exclusive jurisdiction to adjudicate upon such a claim. The appellant has no right to seek relief before the civil court without first getting his Khatedari rights decreed by the revenue court.”

7. Learned counsel for the respondents contends that the suit is at the stage of plaintiff’s evidence after framing of the issues. Therefore, let the civil court decide whether the plaintiffs are entitled to get relief or not.

Learned counsel has placed reliance on the case of Ganesh Ram Vs. Lota Ram & Ors. decided by this Court on 01.04.2022 vide S.B. Civil Revision Petition No.45/2021 , wherein judgment of the Hon’ble Supreme Court in Pyarelal’s case (supra) was also noticed.

8. The case of Ganesh Ram (supra) is distinguishable in the facts and circumstances of the present case for the reason that in Ganesh Ram’s case (supra), cancellation of adoption deed and permanent injunction was sought for. There was no relief claimed for any declaration in respect of any agricultural land

9. Learned counsel for the respondents further