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Rajasthan High Court - Jodhpur
Smt. Chunni Devi vs Devraj (2026:Rj-Jd:11865) on 12 March, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:11865]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 61/2026
1. Smt. Chunni Devi W/o Jaganath Ramji, Aged About 95
Years, Resident Of Jato Ka Bas, Modi Joshiyan, Tehsil And
District Jodhpur.
2. Mangi Devi W/o Mohanlalji, Aged About 70 Years,
Resident Of Paliwalo Ka Bas, Aatan, Tehsil Rohat, District
Pali.
3. Narayan Ram S/o Hari Ramji, Aged About 55 Years,
Resident of Jato Ka Bas, Modi Joshiyan, Tehsil And District
Jodhpur.
4. Mukesh S/o Narayan Ramji, Aged About 27 Years,
Resident Of Jato Ka Bas, Modi Joshiyan, Tehsil And
District Jodhpur
5. Jeetu S/o Narayan Ramji, Aged About 24 Years, Resident
Of Jato Ka Bas, Modi Joshiyan, Tehsil And District Jodhpur
----Petitioners
Versus
1. Devraj S/o Narayan Ram, Resident Of Jato Ka Bas, Modi
Joshiyan, Tehsil And District Jodhpur.
2. Lrs Of Late Shri Mishrilal S/o Narayan Ram, Resident Of
Jato Ka Bas, Modi Joshiyan, Tehsil And District Jodhpur.
2/1. Smt. Khiya Devi W/o Late Mishrilal, Resident Of Jato Ka
Bas, Modi Joshiyan, Tehsil And District Jodhpur.
2/2. Oma Ram S/o Late Mishrilal, Resident Of Jato Ka Bas,
Modi Joshiyan, Tehsil And District Jodhpur.
2/3. Smt. Santu Devi D/o Late Mishrilal, W/o Hariram Paliwal,
R/o Khatu, Tehsil Didwana, District Nagaur (Now District
Didwana Kuchaman)
2/4. Smt. Papu Devi D/o Late Mishrilal, W/o Khinvraj, R/o
Dudli, Tehsil Rohat, District Pali.
2/5. Smt. Manju Devi D/o Late Mishrilal Ji, W/o Tilokchand, R/
o Dudia, Tehsil Rohat, District Pali.
2/6. Smt. Leela D/o Late Mishrilal Ji, W/o Paparam Paliwal, R/o
Khatu, Tehsil Didwana, District Nagaur (Now District
Didwana- Kuchaman)
2/7. Smt. Guddi D/o Late Mishrilal, W/o Omaram Paliwal, R/o
Kakelav, Tehsil Luni, District Jodhpur.
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[2026:RJ-JD:11865] (2 of 3) [CR-61/2026]
3. Sub Registrar Officer, Rohat, Tehsil Rohat, District Pali.
4. Tehsildar Rohat, Tehsil Rohat, District Pali.
5. State Of Rajasthan, Through District Collector, Pali.
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) :
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/03/2026
1. The present revision petition has been filed against order
dated 23.01.2026 passed by Senior Civil Judge, Pali in Civil
Original Suit No.77/2015 whereby the application under Order 7
Rule 11, CPC r.w. Section 207 and 256 of Rajasthan Tenancy
Act,1955 as filed by defendants Nos. 1 to 5, stood rejected.
2. The ground raised by the defendants was that the suit for
cancellation of Power of Attorney and Sale deed was not
maintainable without a declaration been made by the Revenue
Court in favour of the plaintiffs.
3. The learned Trial Court, while rejecting the application,
observed that the plaintiffs were already the recorded 'Khatedars'
of the land in question and hence, were not required to get any
declaration in their favour.
4. Learned counsel for the petitioners submits that both the
plaintiffs were the recorded 'Khatedars' earlier, but were not on
the date of filing of the suit. Hence, they were required to get a
declaration in their favour first.
5. Heard the counsel. Perused the record.
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[2026:RJ-JD:11865] (3 of 3) [CR-61/2026]
6. It is an admitted fact that the mutation entry vide which the
name of the purchasers were mutated in the revenue record was
subsequent to the impugned sale deed. Prior to the same, the
plaintiffs were the recorded 'Khatedars' in the revenue record. In
that view, when the names of the plaintiffs were deleted from the
revenue record only because of the Sale deed which was under
challenge in the present suit, the learned Trial Court rightly held
that the plaintiffs were not required to seek any fresh declaration
in their favour.
7. The order impugned being totally in consonance with law
does not deserve any interference and the revision petition is
hence, dismissed.
8. Stay petition and pending applications, if any, stand disposed
of.
(REKHA BORANA),J
11-amit/-
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