ARUN BHANSALI, J. - (1.) THIS revision petition is directed against the order dated 16.1.2012 passed by the trial court, whereby the application filed by the petitioner under Order VII, Rule 11 (d) CPC has been rejected.
(2.) THE facts in brief may be noticed thus : the respondent No.1 Mangi Lal filed a suit for permanent injunction and declaration in relation to a bore -well, water pump and electricity connection claiming 1/8th share in the said well, motor and electricity connection situated at Araji No.2968. It was inter -alia claimed in the plaint that the land in question originally belonged to Ram Narayan, Satya Narayan and their brothers Surya Prakash and Om Prakash. Out of the said land, Om Prakash sold the land to Smt.Hangami Devi and Surya Prakash sold 1/8th portion to the plaintiff and 1/8th portion to the defendant No.6 Bhanwar Lal. The bore -well etc. are situated in land belonging to Smt. Hangami Devi and an agreement dated 2.7.2009 was executed by said Smt. Hangami Devi in favour of Ram Narayan, Satya Narayan, Om Prakash and Surya Prakash, it was indicated that the said bore -well etc. were joint property of all the four and that as she has purchased rights of Om Prakash, all other three persons shall continue to have the right qua the said bore -well etc. The 1/8th portion was purchased by the plaintiff on 3.12.2010. It was, inter -alia, alleged in the plaint that as the respondents are seeking to interfere in the enjoyment of the said bore -well etc., it has become necessary to seek inclusion of his name in the electricity connection with the Ajmer Vidhyut Vitran Nigam Limited and for that purpose, the suit was filed. On filing of the suit, the petitioner herein filed an application under Order VII, Rule 11(d) CPC, inter -alia, claiming that in view of the provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act'). The said suit was barred by law and as such, the same deserves rejection.
(3.) THE application was opposed by the plaintiff and it was, inter -alia, submitted that besides other rights, the plaintiff has easementary right qua the said bore -well etc.;