1. Civil suit for declaration of sale and gift deeds as void — Preferential right to purchase agricultural land — Section 22, Hindu Succession Act. (Para 1 , 4 )
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2026 Supreme(Online)(Raj) 6904
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Maneesh Sharma, J
Laxmi Narayan – Appellant
Versus
Dwarika – Respondent
S.B. Civil Revision Petition No. 89/2026
Advocates:
For the Appellants/Petitioners: Dheeraj Singhal
For the Appellants/Petitioners: Dheeraj Singhal
The preferential right of an heir to purchase property under Section 22 of the Hindu Succession Act, 1956, is applicable to agricultural land, and suits for declaring title deeds null and void are maintainable in Civil Court despite the bars in the Rajasthan Tenancy Act.
Headnote:(A) Civil Procedure Code - Rejection of Plaint - Order 7 Rule 11 - Suit for declaration of sale and gift deeds as null and void is not barred by the restrictive provisions of Section 207 of the Rajasthan Tenancy Act, 1955, as the latter pertains to specific revenue matters and not the validity of title deeds. (Para 4)
(B) Hindu Succession Act, 1956 - Preferential Right to Purchase - Application to Agricultural Land - Section 22 provides a preferential right to an heir of a Hindu which is applicable even if the property in question is agricultural land. (Para 5, 6)
Issues: Whether the suit was barred by law under Order 7 Rule 11 CPC due to Section 207 of the Rajasthan Tenancy Act or Section 22 of the Hindu Succession Act regarding agricultural land.
Legal Category Hierarchy
- practice and procedure
- family law
- property law
Table of Contents
2. Plaintiff seeks preferential right to purchase agricultural land — Suit before civil court not maintainable — Section 22 inapplicable to agricultural land. (Para 2 )
3. Revenue Court cannot grant declaration of void sale and gift deeds — Bar under Section 207, Rajasthan Tenancy Act inapplicable. (Para 4 )
4. Preferential right under Section 22, Hindu Succession Act applies to agricultural land — Civil suit maintainable. (Para 5 )
5. Revision petition dismissed — Impugned order suffers no jurisdictional error, perversity, or legal infirmity. (Para 7 , 8 )
6. Is the preferential right under Section 22 of the Hindu Succession Act applicable to agricultural land?
Yes, the preferential right given to an heir under Section 22 of the Hindu Succession Act applies even if the property in question is agricultural land. (Para 5 )
7. Is a civil suit for declaration of a sale deed as void barred under Section 207 of the Rajasthan Tenancy Act?
No, because the Revenue Court cannot grant a declaration that a sale deed is null and void, so the bar under Section 207 does not apply. (Para 4 )
Order
1. The present revision petition has been filed by the petitioners, assailing the order dated 13.01.2026 in Civil Suit No.12/2025 titled 'Dwarika and Ors. Vs. Shribhan and Ors.', passed by the learned Additional District & Session Judge No.1, Bayana, District Bharatpur, whereby the application filed by the defendants/petitioners under Order 7 Rule 11 of CPC along with Section 22 of the Hindu Succession Act, 1956 has been rejected.
2. Learned counsel for the petitioners submits that from the averments of the plaint, it is evident that the plaintiff is seeking a preferential right to purchase in respect of an agricultural land, therefore, the suit filed by the plaintiffs/respondents before the Civil Court is not maintainable. He further submits that the preferential right to purchase under Section 22 of the Hindu Succession Act, 1956, is not applicable to an agricultural land, therefore, the plaint is liable to be rejected in terms of Order 7 Rule 11(d) of CPC, being barred by law.
3. Heard and considered the submissions made by learned counsel for the petitioners and perused the material available on record.
4. From a bare perusal of the averments of the plaint, the application filed by the defendants/petitioners under Order 7 Rule 11 of CPC, and the reply thereto, it is evident that the learned Court below has rightly rejected the application under Order 7 Rule 11 of the CPC, while observing that the bar contained in Section 207 of the Rajasthan Tenancy Act, 1955, applies only to declaration of rights, arrears of rent, lease, arrears of irrigation or compensation for damages/expenditure; whereas the present suit has been filed by the plaintiffs/respondents for declaration of the sale deed dated 13.01.2025 and subsequent gift deed dated 23.04.2025 as being null and void, which cannot be granted by the Revenue Court, thus, it cannot be said that the present suit filed before the Civil Court is barred by the provisions of Section 207 of the Rajasthan Tenancy Act, 1955.
5. Apart from the above, as far as the other ground raised by the learned counsel for the petitioners qua Section 22 of the Hindu Succession Act, 1956, not being applicable to agricultural lands is concerned. The said argument falls flat in view of the judgment passed by the Hon'ble Apex Court in Babu Ram Vs. Santokh Singh (deceased) through LRs, (AIR 2019 SC 1506), wherein the Hon'ble Apex Court has held under:
"21. We, therefore, conclude that the preferential right given to an heir of a Hindu under Section 22 of the Act is applicable even if the property in question is an agricultural land......."
(Emphasis Supplied)
6. Thus, in view of the above judgment, the submission of the learned counsel for the petitioner qua the non-applicability of Section 22 of the Hindu Succession Act, 1956, to agricultural lands cannot be accepted.
7. In that view of the matter, this Court is of the considered opinion that the impugned order dated 13.01.2026 does not suffer from any jurisdictional error, perversity or legal infirmity so as to call for any interference by this Court under Section 115 of the CPC.
7. Accordingly, the present revision petition fails and is hereby dismissed.
8. All other pending application(s), if any, stand disposed of.
