ARUN BHANSALI,J. - (1.) This revision petition under section 115 CPC is directed against the order dated 6/10/2016 passed by the Addl. District Judge No. 4, Jodhpur Metropolitan, whereby, the application filed by the petitioner under Order 7 Rule 11 CPC has been rejected.
(2.) The plaintiff-respondent filed a suit for declaration and possession inter alia with the averments that agriculture land belonging to Smt. Geeta, Smt. Leela, Kushal and Jeet comprised in Khasra No. 805 ad measuring 27 Bigha 14 Biswa is situated at Kankani. It was claimed that Smt. Geeta and Smt. Leela on their behalf and on behalf of minor children entered into an agreement to sale dated 1/11/2006 with the plaintiff regarding which part consideration was paid. The defendants Smt. Geeta and Smt. Leela executed a power of attorney in favour of Harshvardhan Sancheti. On 14/11/2007, after payment of balance consideration of Rs. 28,70,000/- to Harshvardhan, the property was transferred to the plaintiff and sale deed in this regard was registered and possession was handed over. It was then claimed in the plaint that on 22/11/2007 the plaintiff came to know that defendants, Smt. Geeta and Smt. Leela have transferred the suit property to defendant nos. 5 and 6 i.e. Mahendra Singh and Gajendra Singh vide sale deed dated 17/11/2007. It was claimed that the transfer was void and same could not have been transferred by the defendants no.1 and 2 in favour of defendants no.5 and 6. Based on the said submissions, relief was claimed in the plaint seeking cancellation of sale deed dated 17/11/2007 and possession of the suit property.
(3.) The petitioners filed an application under Order 7 Rule 11 CPC inter alia indicating that as the suit pertains to agriculture land, the same was barred under the provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') and as such the plaint was liable to be rejected.;