Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Rajasthan Tenancy Act, 1955, Section 30C, 30DD -- Ceiling area - Gift - Gift deed executed on 19.12.1963 much before the cutoff date stipulated u/s 30DD of the Act - Registered gift deed therefore, was a bona fide transfer squarely covered within ambit of S.30DD of the Act, which intended to protect rights of agriculturalists - Transfer held, valid u/s 30DD of the Act -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Rajasthan Tenancy Act, 1955, Section 88 -- Suit for declaration u/s 88 of Rajasthan Tenancy Act and alternatively for permanent injunction - Plaintiff was admittedly not in possession of suit property - Land in question was in the name of defendants and Parcha settlement was also issued in their names - Even there was no evidence that plaintiff was in possession of suit..........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - S.6 of the Act empowers landlord to obtain revision of rent and to calculate rent from date of initiation of tenancy - But in the event landlord does not choose to invoke machinery of revision of rent as provided in S.6 and S.14 of the Act, agreed rent between parties shall not automatically be changed nor..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Transaction relating to sale deed pertaining to agricultural land - Jurisdiction lies with Revenue Court - Jurisdiction of civil Court is barred u/s 207 of Act of 1955 - Application U.O.7.R.11 allowed - However, exercising power U.O.7.R.10 CPC plaint ordered..........
Rajasthan Rent Control Act, 2001, Section 18 -- Eviction petition - Relationship of landlord and tenant - Contention of tenants, is that there is no relationship of landlord and tenant between the parties - Contention not acceptable in view of admission of original tenant before Rent Tribunal - Even, in eviction application he has admitted tenancy and also admitted that he..........
Rajasthan Tenancy Act, 1955, Section 42 -- Sale by Scheduled Caste to non-scheduled caste - Restriction on - Housing society entered into agreement to sell land with khatedars - Since, khatedars are `Bairwa', which is Scheduled Caste are entitled to protection u/s.42 of the Act - Therefore, transfer through agreement to sell is void...........
