VINEET KOTHARI,J. - (1.) BOTH the these civil revision petitions are being disposed of by this common order.
(2.) THE petitioners/defendants, Patrick Simon S/o Sh. A.M. Simon, and others, have preferred these two revisions petitions assailing the order dated 21st August, 2014, passed by learned Additional District Judge No.5, Jodhpur Metropolitan Civil Original Suits No.607/2012 and 608/2012, dismissing the application filed by the petitioners/defendants under Order 7 Rule 11 CPC read with Section 151 CPC.
(3.) THE respondent/plaintiff, Shri Saint Anthony's School Educational Association, Jodhpur, filed suit for cancellation of saledeed dated 16.07.2012 purportedly executed by the defendants, Patrick and others, in favour of other defendants. The objection raised by the defendants before the learned trial court by filing the present application under Order 7 Rule 11 CPC was about the jurisdiction of the civil court to try the said suit, in which the defendants/petitioners raised an objection that since the land in question was agricultural one and, therefore, the suit was filed by the plaintiff was barred by the provisions of Section 207 of the Rajasthan Tenancy Act, 1955. Mr. R.K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi, learned counsel for the petitioners/defendants relying upon a judgment of a coordinate bench of this Court in the case of Vijay Singh and Anr. Vs. Buddha and Ors., 2012 4 RajLW 2932 ) submitted that if the prayer of cancellation of sale -deed is ancillary to the main relief sought by the respondent/plaintiff for declaration of his rights over the land in question, then such suit would be maintainable before the revenue courts only and the civil court had no jurisdiction in view of Bar of Section 207 of the Rajasthan Tenancy Act, 1955.;