Prem Shanker Asopa, J. - (1.) BY this revision petition the defendant No. 1 -petitioner has challenged the order dt. 04.08,2012 passed by the Civil Judge (Junior Division) Hindaun City in Civil Suit No. 25/2012 whereby application under Order 7 Rule 11 CPC filed by the defendant No. 1 -petitioner has been dismissed. The trial Court has considered the averment of the plaint and on consideration of the averment of the plaint as well as prayer, the trial Court has come to the conclusion that the house has already been constructed and the right of residence in the said house is involved in the matter wherein the plaintiffs are residing since last twelve years and no agricultural operations are being carried out, therefore, the civil Court has jurisdiction and the application under Order 7 Rule 11 CPC has been dismissed.
(2.) SUBMISSION of the counsel for the defendant No. 1 -petitioner is that in the revenue record, the land in question has been stated to be situated in Khasra No. 355 therefore, the civil Court has no jurisdiction in respect of the revenue matter. I have gone through record of the revision petition and further considered the aforesaid submission. On consideration of the judgment of the trial Court, I find no illegality in the same as the averment of the plaint and the relief claimed by the plaintiff has been considered with regard to the residence of the plaintiff in the constructed house. The revision petition has no force and the same is therefore, dismissed.;