Hans Raj vs Gouri Shanker & Ors on 5 January, 2009

        S.B. CIVIL REVISION PETITION NO.269/2008
               Hansraj Vs. Gouri Shanker & Anr.
Date of Order               :         5th January, 2009
                                PRESENT
           HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. G.R. Goyal for the petitioner.
                               ---------

               Heard learned counsel.

               This revision petition is directed against the order dated

12.8.2008 of the learned trial court whereby the learned trial court

rejected the application of the defendant-petitioner under Order 7

Rule 11 holding that merely because the land in question is

agricultural land as per the Jamabandi produced by the defendant, it

could not be said that the dispute pertained to the revenue law

because that would depend upon the nature of controversy involved

in the suit.

               Apparently the controversy pertains to claim of certain

rights under the agreement between the parties to sell the part of

agricultural land which appears to have been claimed to be a colony

known as Shri Ram Colony, Sri Ganganagar, which would be

apparently an abadi land, therefore, it appears that prima facie this is

not essential that the dispute pertained to revenue law only which

could be decided by the revenue Court under Section 207 of the of the

Tenancy Act. The Civil Court has, therefore, not committed any error

in rejecting the application under Order 7 Rule 11 C.P.C.

               The present revision petition of the defendant is found to

be devoid of merit. The same is accordingly dismissed.



                                        [ DR. VINEET KOTHARI ], J.

item No.2
babulal/-