The court is examining whether a civil suit for cancellation of a sale deed is barred under Section 207 of the Tenancy Act when a revenue suit for declaration of khatedari rights is already pending between the parties.

Order

1. Learned counsel for the petitioner submits that application filed by the petitioner–defendant under Order VII Rule 11 CPC was dismissed by the learned trial court without due consideration of the fact that a revenue suit instituted by the respondent–plaintiff for declaration of khatedari rights and permanent injunction was already pending adjudication before the competent Revenue Court. It is further contended that civil suit filed by respondent No.1–plaintiff seeking cancellation of the sale deed, during the pendency of the said revenue proceedings, was barred under Section 207 of the Tenancy Act.

2. In support of aforesaid submissions, learned counsel for the appellant has placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Pyarelal v. Shubhendra Pilania (Minor) through Natural Guardian (Father) Pradeep Kumar Pilania & Others reported in (2019) DNJ 115.

3. The matter requires consideration.

4. Let notice be issued to respondent(s), returnable within six weeks.

5. In the meanwhile and till next date of hearing, further proceedings in Civil Original Suit No.01/2025 (Kasam Khan Versus Isab Khan & Ors.) pending before learned Senior Civil Judge, Ladnun shall remain stayed.

6. List after eight weeks.