[2023:RJ-JD:20667]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil First Appeal No. 131/2023

Mohd. Gulsher Khan S/o Ashraf Khan, Aged About 58 Years,

Resident Of Chhapari Gate, Deedwana District Nagaur.

----Appellant

Versus

1.

Umardaraj Khan Mother/o Sakina, Aged About 70 Years,

Father Hussain Khan, Resident Of Chhapari Gate,

Deedwana District Nagaur.

2.

Jamila @ Jammo W/o Late Bundu Khan, Aged About 75

Years, Resident Of Begana Colony, Railway Fatak,

Deedwana, District Nagaur.

3.

Tajbano D/o Late Bundu Khan, Aged About 54 Years, W/o

Murad Khan, Resident Of Begana Colony, Railway Fatak,

Deedwana, District Nagaur.

4.

Ajhar Hussain S/o Shakir Hussain,0 Aged About 28 Years,

5.

Salman Khan S/o Mohd. Jabir, Aged About 24 Years,

6.

Aman Khan S/o Jakiar Hussain, Aged About 18 Years,

All residents Of Pathano Ki Pol, Deedwana, District

Nagaur.

7.

Ummed Khan S/o Ashraf Khan, Aged About 60 Years,

8.

Jagsher Khan S/o Ashraf Khan, Aged About 55 Years,

9.

Noori W/o Ashraf Khan, Aged About 88 Years,

All residents Of Chhapari Gate, Deedwana District Nagaur.

10.

Sub Registrar, Deedwana District Nagaur.

----Respondents

For Appellant(s)

:

Mr. Ramawatar Singh

Mr. S.S. Gour

For Respondent(s)

:

Mr. Bharat Boob

HON'BLE MS. JUSTICE REKHA BORANA

Order

11/07/2023

1.

The present appeal has been preferred against the order

dated 03.02.2023 passed by Additional District Judge, Deedwana,

District Nagaur in Civil Suit No.07/2022 whereby the application

under Order 7 Rule 11 read with Section 151 of Code of Civil

Procedure as preferred by the defendants has been allowed and as

[2023:RJ-JD:20667]

(2 of 5)

[CFA-131/2023]

a consequence, the suit for declaration and permanent injunction

as preferred by the plaintiff has been dismissed.

2.

The learned Court below has observed that the land in

question is an agricultural land and therefore, the relief of

declaration and injunction qua an agricultural land can be granted

only by a Revenue Court and hence, the suit is not maintainable

before a Civil Court.

3.

Before proceeding further, it is relevant to note that earlier a

suit for permanent injunction was preferred by the plaintiff before

the Revenue Court and in the said suit, an application under Order

7 Rule 11, CPC was preferred by the defendants with the

submission that the land in question has been converted into

‘abadi’ land and has been entered in the khatedari of Municipal

Board, Deedwana and therefore, the Revenue Court does not have

jurisdiction to entertain the suit.

4.

The said application under Order 7 Rule 11, CPC as preferred

by the defendants was allowed by the Revenue Court on

18.05.2022 and consequently, the suit was dismissed.

5.

After the said suit being dismissed, the present suit had been

preferred by the plaintiff before the Civil Court on 17.09.2022.

6.

In view of the above facts, the pleadings as made by the

defendants in the application under Order 7 Rule 11, CPC before

the Revenue Court become relevant. A copy of the application has

been placed on record by learned counsel for the appellant today

as per the direction of this Court.

7.

The defendants had pleaded as under:-

“1-

;g gSa fd oknh ds }kjk ,d okni= ckcr~ LFkk;h fu’ks/kkKk

dk [ksr [kljk uEcj 1213 jdck 28 ch?kk 03 fcLok okds

[2023:RJ-JD:20667]

(3 of 5)

[CFA-131/2023]

“kjgn MhMokuk ds lEca/k esa is”k fd;k gqvk gSa tks okjrs

tokc nkok fu;r gSA

2-

;g gSa fd mDr okni= esa of.kZr [kljk uEcjku dh Hkwfe

orZeku esa ,oa okn izLrqr djrs le; uxjikfydk e.My

MhMokuk ds [kkrsnkjh dh Fkh ,oa orZeku esa gSA tks

uxjikfydk ds uke pyh vk jgh gSA

3-

;g gSa fd mDr Hkwfe vkcknh Hkwfe gSa ,oa vkcknh Hkwfe gksus

ls Jheku ds U;k;ky; dks mDr okn dh lquokbZ dk

{ks=kf/kdkj o Jo.kkf/kdkj ugha gSA blds ckotwn oknh us

Jheku ds U;k;ky; esa mDr okn is”k dj fn;k gSa ,oa

mDr [kljk uEcj esa ls vkcknh ds iV~Vs Hkh uxjikfydk

MhMokuk }kjk cuk;s tk pqds gSaA

4-

;g gSa fd vkcknh {ks= dh Hkwfe dk lquokbZ