Sangeet Lodha, J. - (1.) This petition is directed against order dt. 4.9.12 passed by the Civil Judge (J.D.), Hanumangarh in Civil Suit No. 61/11, whereby an application preferred by the petitioners -defendants under Order VII Rule 11 CPC seeking rejection of the plaint as barred by law, stands rejected. The respondents -plaintiffs preferred a suit for declaration and permanent injunction before the Gram Nyayalaya, Hanumangarh. The petitioners sought declaration of his easementary right in respect of a way passing through the land comprising kila No. 3, 4 & 7, patthar No. 87/281 in chak 10STG and prayed for permanent injunction against the petitioners herein not to disturb the actual enjoyment of their easementary right.
(2.) The petitioners -defendants preferred an application under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that the suit as framed is exclusively triable by the revenue Court and the jurisdiction of the civil Court is barred by virtue of Sec. 207 of Rajasthan Tenancy Act, 1955 (for short "the Act").
(3.) The application stands rejected by the Court below observing that the suit preferred regarding easementary right cannot be said to be barfed by virtue of provisions of Sec. 207 of the Act. The Court observed that rather by virtue of provisions of Sec. 251(2) of the Act, the plaintiff is entitled to maintain a regular suit before the Civil Court for establishing his right to way or easement.;