Rajasthan High Court - Jodhpur
Devi Lal vs Amandeep (2025:Rj-Jd:3627) on 20 January, 2025
Author: Birendra Kumar
Bench: Birendra Kumar
[2025:RJ-JD:3627]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 117/2023
Devi Lal S/o Shri Harji Lal, Aged About 47 Years, Resident Of
Matoria Ki Dhani Tehsil And District Hanumangarh.
----Petitioner
Versus
1. Amandeep S/o Jagdish, R/o Chak 16 D.w.d. Tehsil
Rawatsar District Hanumangarh.
2. Jagdish S/o Chunni, R/o Chak 16 D.w.d. Tehsil Rawatsar
District Hanumangarh.
3. Tehsildar Revenue, Rawatsar, District Hanumangarh.
4. Sub Registrar, Rawatsar, District Hanumangarh.
5. Municipal Board, Rawatsar Through Executive Officer
Municipal Board, Rawatsar District Hanumangarh.
6. Rita D/o Jagdish, W/o Mahendra Singh, R/o Chak 16
D.w.d. Tehsil Rawatsar District Hanumangarh, At Present
Karnikhera Tehsil Fazilka.
7. Sonu D/o Jagdish, R/o Chak 16 D.w.d. Tehsil Rawatsar,
District Hanumangarh.
8. Rajkumari D/o Jagdish, R/o Chak 16 D.w.d. Tehsil
Rawatsar, District Hanumangarh.
9. Khuhbu D/o Jagdish, R/o Chak 16 D.w.d. Tehsil Rawatsar,
District Hanumangarh.
10. Pradeep S/o Jagdish, R/o Chak 16 D.w.d. Tehsil Rawatsar,
District Hanumangarh. Being Minor Through Next Friend
Mother Gayatri Devi W/o Jagdish R/o Chak 16 D.w.d.
Tehsil Rawatsar District Hanumangarh.
11. Krishan S/o Chunni Ram, R/o Chak 16 D.w.d. Tehsil
Rawatsar, District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Ramawatar iSingh
Mr. Jassa Ram
For Respondent(s) : Mr. Raju Ram
Mr. Rajesh Parihar
HON'BLE MR. JUSTICE BIRENDRA KUMAR
[2025:RJ-JD:3627] (2 of 3) [CR-117/2023]
Order
20/01/2025
1. Respondent No.1 - Amandeep brought Civil Original Suit
No.10/2020 for declaration that the referred sale deeds in respect
of the ancestral agricultural land, fully detailed in the plaint, be
cancelled to the extent of 1/7th share of the plaintiff. Prayer for
injunction was also there in respect of the suit property.
2. The sole petitioner, who was defendant No.3 in the suit
appeared and filed an application under Order VII Rule 11 CPC for
rejection of plaint on the ground that the exclusive jurisdiction was
of the revenue court to declare Khatedari Right of the plaintiff; as
the plaintiff was not a recorded Khatedar. Unless his Khatedari
Right was declared by the revenue court, jurisdiction of the civil
court was barred to grant the relief.
3. Learned counsel for the petitioner submits that after
considering in detail the provisions of Section 207, Section 88 and
Schedule III of the Rajasthan Tenancy Act, the Hon'ble Supreme
Court in Pyarelal Vs. Shubhendra Pilania (Minor) through
Natural Guardian (Father) Pradeep Kumar Pilania & Ors.
reported in (2019) 3 SCC 692 stated the law that in such a
situation when the agricultural land is involved in the suit and the
plaintiff is not recorded Khatedar, he must first get his Khatedari
Right declared by the revenue court. Only other rights can be
claimed before the civil court.
4. Learned counsel for the respondents submits that this is not
a case of application of the Rajasthan Tenancy Act, rather, it is a
case wherein, ancestral property is involved, which was not a joint
[2025:RJ-JD:3627] (3 of 3) [CR-117/2023]
family property and without partition, the respondents could not
have sold their share.
5. The case is squarely covered by the judgment of Pyarelal's
case (supra). In that case also gift deed was challenged in respect
of the joint family property and the plaintiff had claimed that to
the extent of his share in that property, the gift deed was void and
fit to be cancelled.
6. It is not disputed that the suit property is agricultural land
and the plaintiff-respondent No.1 was not recorded as Khatedar in
the revenue record. Hence, first the plaintiff was required to get
his Khatedari Right declared by the revenue court.
7. The impugned order suffers from illegality and material
irregularity, hence it stands set aside and the plaint stands
rejected with liberty to the plaintiff to file suit before the revenue
court.
8. Accordingly, this Civil Revision stands allowed.
(BIRENDRA KUMAR),J
46-nitin/-
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