Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
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..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Name of plaintiffs not recorded in revenue records - Question of declaration is also involved, which a civil Court cannot grant to plaintiffs as decree of declaration only can be passed by competent Court having revenue jurisdiction - Suit rightly dismissed...........
