Dismissed

Patrick Simon and Ors. v. Shri Saint Anthony'S School Edu. Ass.

Rajasthan HC18 Feb 2015CR/215/2014

Case brief

AI extract

What is this about?

High Court dismissed revision petitions challenging dismissal of a plea that civil court lacked jurisdiction to try a suit for cancellation of sale deed. Court held land rights were civil in nature despite agricultural status.

What did the court decide?

Revision petitions dismissed with no orders as to costs.

What the court decided

Patrick Simon and Ors. Vs Shri Saint Anthony'S School… — Property and Title | Rajasthan HC (2015)

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S.B. Civil Revision Petition No.214/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur &

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S.B. Civil Revision Petition No.215/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational

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Association, Jodhpur

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Order dated 18/02/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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O R D E R

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S.B. Civil Revision Petition No.214/2014

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Patrick Simon S/o Sh. A.M. Simon (Anthony Milton Simon) & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur

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S.B. Civil Revision Petition No.215/2014

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Patrick Simon S/o Sh. A.M. Simon (Anthony Milton Simon) & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur

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Date of Order: 18/02/2015.

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P R E S E N T

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HON'BLE Dr. JUSTICE VINEET KOTHARI

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Appearance :

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Mr. R.K. Thanvi, Sr. Advocate with Mr. Narendra Thanvi, for the petitioners/defendants. Mr. Firoz Khan, for the respondent/plaintiff.

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BY THE COURT :

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Both the these civil revision petitions are being disposed

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of by this common order.

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The petitioners/defendants, Patrick Simon S/o Sh. A.M. Simon, and others, have preferred these two revisions petitions assailing the order dated 21^st August, 2014 , passed by learned

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S.B. Civil Revision Petition No.214/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur &

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S.B. Civil Revision Petition No.215/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur

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Order dated 18/02/2015 2/4

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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.

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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.

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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 & Anr. Vs. Buddha & Ors. reported in 2012 (4) RLW 2932 (Raj.) 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.

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S.B. Civil Revision Petition No.214/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur & S.B. Civil Revision Petition No.215/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur

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Order dated 18/02/2015

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3/4

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Per contra, Mr. Firoz Khan, learned counsel for the respondent/plaintiff submitted that the cancellation of sale-deed dated 16.07.2012 is the main relief in the present suit and the relief of declaration of the rights of the plaintiff is qua other other defendants, is only incidental to the main relief, therefore, the suit was rightly filed and very much maintainable before the civil court and the application filed by the petitioners/defendants under Order 7 Rule 11 r/w Section 151 CPC, 1908, has rightly been rejected by the learned court below. He, therefore, prayed for dismissal of the revision petitions.

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Having heard the learned counsel for the parties at some length and having perused the judgment cited at Bar, this Court is of the opinion that the present revision petitions have no force. The main prayer from the tenor of the suit/plaint, which was perused by this Court, appears to be for cancellation of sale-deed in question executed by the defendant, Patrick Simon in favour of other defendants. The plaintiff/respondent, society has challenged the rights of said defendant to transfer the land in question. Even if the land in question may be agricultural though from the address of land given being near Jhalamand area, Jodhpur, it appears to be within the municipal/urban limit but the rights claimed by the respondent/plaintiff are definitely of civil in nature and those rights can be determined by the learned civil/trial court below, for which evidence is to be led by the respective parties. Thus, it cannot be held that the learned civil court has no jurisdiction because the land

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S.B. Civil Revision Petition No.214/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur &

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S.B. Civil Revision Petition No.215/2014 Patrick Simon S/o Sh. A.M. Simon & Ors. Vs. Shri Saint Anthony's School Educational Association, Jodhpur

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Order dated 18/02/2015

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4/4

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in question is an agricultural land, which is yet to be converted in to 'Abadi' land. The judgment cited at Bar by the learned counsel for the petitioners/defendants is not applicable in the facts and circumstances of the present case.

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Resultantly, the present revision petitions are found to be bereft of any force and the same are hereby dismissed with no orders as to costs. The learned court below will be free to frame appropriate issues about the jurisdiction also on the objections raised by the defendants, if so considered appropriate. A copy of this order be sent to the concerned parties and the learned court below forthwith.

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(Dr. VINEET KOTHARI), J.

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DJ/24-25

Patrick Simon and Ors. v. Shri Saint Anthony'S School Edu. Ass.

Case brief

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Patrick Simon and Ors. v. Shri Saint Anthony'S School Edu. Ass.

Case brief

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