[2023/RJJP/009856]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 53/2023

1.

Kanhaiya Lal @ Kana Son Of Late Shri Vijay Lal @ Vijay,

Resident Of Village Rampura Baas, Goner, Tehsil Chaksu,

District Jaipur, Rajasthan, Since Died Through Following

Legal Heirs.

1/1.

Gopi Devi Wife Of Late Kanhaiya Lal @ Kana, Aged About

75 Years, Resident Of Village Rampura Baas, Goner, Tehsil

Chaksu, District, Jaipur, Rajasthan.

1/2.

Vishnu Kumar Son Of Late Shri Kanhaiya Lal@ Kana,

Aged About 47 Years, Resident Of Village Rampura Baas,

Goner, Tehsil Chaksu, District Jaipur, Rajasthan.

1/3.

Shrimati Shanti Wife Of Sohanlal Sharma (Conductor),

Aged About 52 Years, Daughter Of Late Shri Kanhaiyalal

@ Kana, Resident Of Village Aakodiya, Tehsil Chaksu,

District Jaipur, Rajasthan.

----Appellants-Defendants

Versus

1.

Ganesh Narayan Son Of Late Shri Bhairu Ram, Aged

About 81 Years, Resident Of Village Rampura Baas, Goner,

Tehsil Chaksu, District Jaipur.

...Plaintiff-Respondent

2.

Jaipur Development Authority, Headquarter At

Ramkishore Vyas Bhawan, Jahawar Lal Nehru Marg,

Jaipur, Rajasthan Through Its Secretary.

3.

State Of Rajasthan, Through Tehsildar, Sanganer, District

Jaipur.

4.

Mahesh Kumar Sharma Son Of Late Shri Kanhaiya Lal @

Kana, Aged About 50 Years, Resident Of Village Rampura

Baas, Goner Tehsil Chaksu, District Jaipur, Rajasthan.

5.

Smt. Ramkalya Wife Of Dwarka Prasad Sharma Daughter

Of Late Shri Kanhaiya Lal @ Kana, Resident Of Village

Goner Chipo Ka Bas, Near Dev Maharaj Mandir, Tehsil

Sanganer, District Jaipur Rajasthan.

----Respondents-Defendants

For Appellant(s)

:

Mr. Vijay Choudhary with

Mr. Ram Singh Gurjar

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[CSA-53/2023]

For Respondent(s)

:

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

08/05/2023

The civil second appeal has been preferred by the appellants-

defendants (for brevity, “the defendants”) against the judgment

and decree dated 16.02.2023 passed by the Additional District

Judge No.8, Jaipur Metropolitan I (for brevity, “the learned

Appellate Court”) whereby, while allowing the civil regular appeal

No.2/2022 (53/2022), the order dated 30.08.2022 passed by the

learned Civil Judge (East) Jaipur Metropolitan-I (for brevity, “the

learned trial court”) rejecting the plaint filed by the respondent

No.1-plaintiff (for brevity, “the plaintiff”) under Order 7 Rule 11

CPC, has been reversed.

The relevant facts of the case in brief are that the plaintiff

filed a civil suit for declaration and permanent injunction qua the

subject property as described in para No.1 of the plaint claiming

himself to be son of its erstwhile Khatedar Shri Bhairu Ram and

alleging that the defendant No.1 claiming himself fraudulently to

be adopted son of late Bhairu Ram got its mutation entered in his

name. An application filed therein by the defendants under Order

7 Rule 11 CPC was allowed by the learned trial court vide its order

dated 30.08.2022 on the premise that without getting declaration

of his Khatedari rights in the subject property from the competent

revenue court, the civil suit was not maintainable. The order has

been reversed by the learned appellate court vide its judgment

and decree dated 16.02.2023.

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[CSA-53/2023]

Learned counsel for the defendants would submit that in

view of the nature of the land being agricultural, without seeking a

declaration as to his khatedari rights, civil suit was not

maintainable. He, therefore, prays that the civil second appeal be

allowed and the judgment and decree dated 16.02.2023 be

quashed and set aside and the order dated 30.08.2022 be

restored.

Heard. Considered.

Undisputedly, the land stood converted in the Abadi land

prior to filing of the suit by the plaintiff. Since, the subject land

ceased to be the agricultural land prior to the institution of the

suit, the plaint could not have been rejec