SMT. PREMI DEVI Vs. DEVA RAM AND ORS.
LAWS(RAJ)-2008-9-98
HIGH COURT OF RAJASTHAN
Decided on September 24,2008

Smt. Premi Devi Appellant
VERSUS
Deva Ram And Ors. Respondents


Referred Judgements :-

BANSHIDHAR AND ANR. V. RAM NARAIN [REFERRED TO]


JUDGEMENT

Prakash Tatia, J. - (1.)HEARD learned Counsel for the parties.
(2.)THE appellant is aggrieved against the order dated 13th May, 2008 passed by the Addl. District Judge No. 1, Jodhpur in Civil Original Suit No. 162/2006 by which the trial court passed the order to return the plaint to the plaintiff for presentation in proper court on application submitted by the defendant under Order 7 Rule 11 read with Section 207 of the Rajasthan Tenancy Act.
According to learned Counsel for the appellant though the land is recorded as agricultural but it is surrounded by the Abadi land has come within the Municipal area of Jodhpur and further more is that the land in question was never cultivated, therefore, the civil court has jurisdiction to entertain the suit relating to the land in question.

(3.)IT is not in dispute that as per Section 207 of the Rajasthan Tenancy Act, any suit with respect to the agricultural land can be instituted only in the revenue courts and civil courts' jurisdiction has been excluded.


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