Mohan Pillai And Another vs Smt Kamla And Another
2022 Latest Caselaw 3398 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 306/2016


Mohan Pillai And Another
                                                                  ----Appellants
                                   Versus
Smt Kamla And Another
                                                                ----Respondents

For Appellant(s)         :     Mr. Nitin Jain
For Respondent(s)        :



            HON'BLE MR. JUSTICE SUDESH BANSAL


                                    Order

28/04/2022

Learned counsel for appellant-plaintiffs submits that plaintiffs

purchased the suit plot measuring 83.36 and 89.83 Square Yard

through separate sale deeds.

Learned counsel for appellants submits that by virtue of sale

deeds, plaintiffs acquired title and possession over the suit plot,

however the trial court has disbelieved the possession of plaintiffs.

The counsel further submits that since the plot in question

situated in Aabadi area and not being used for agricultural

purpose, hence the civil court has jurisdiction to decide the suit on

merits. The appellate court has committed jurisdictional error in

upholding the findings of trial court.

Heard learned counsel for appellants, perused the impugned

judgments and record. The second appeal requires consideration,

hence the second appeal is admitted for hearing on the following

substantial questions of law:-

(2 of 2) [CSA-306/2016]

"1. Whether the courts below have committed jurisdictional error in disbelieving the possession of the plaintiffs over the vacant plots despite having the registered sale deeds in their favour?

2. whether two courts below have committed jurisdictional error in holding ouster of the jurisdiction of civil court though the suit property is situated in Aabadi area and not being used for agricultural purpose?"

Issue notice to respondents.

Record has already been summoned.

In the meanwhile and till further orders, both parties shall

maintain status quo in relation to the plots in question purchased

by appellant-plaintiffs through their sale deeds.

(SUDESH BANSAL),J

TN/4

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