Single Judge, Jodhpur High Court dismissed a civil revision petition rejecting the application under Order VII Rule 11 CPC. The Bench upheld findings that a local patta rendered land non-agricultural and held that Section 42 bar required evidence-based decision.
Revision petition dismissed; stay petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:24787]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 4/2023
Premlata W/o Shri Kana Ram, Aged About 59 Years, By Caste Meghwal, Resident Of C.s. 88, Shivaji Nagar, Pali (Raj.)
----Petitioner
----Respondents
For Petitioner(s) : Mr. C.P. Soni
HON'BLE MS. JUSTICE REKHA BORANA
Order
04/08/2023
[2023:RJ-JD:24787]
[CR-4/2023]
(2 of 2)
(REKHA BORANA),J
11-T.Singh/-
3 issues framed by the court
Whether the Lower Court's rejection of the application under Order VII Rule 11 CPC deserves interference.
Whether the suit for possession is maintainable as the land is agricultural.
Whether the sale is barred by Section 42 of the Rajasthan Tenancy Act, 1955.
2 provisions across 2 enactments
Premlata W/o Shri Kana Ram
Jagjeet Daga S/o Shri Abhay Daga
Kana Ram S/o Shri Mishri Lal
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
