[2025:RJ-JP:27144] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 247/2022 1. Devi Ram S/o Sitaram, Aged About 65 Years, Resident Of Village Lalpur, Tehsil Mahuwa, District Dausa. 2. Khushiram S/o Sitaram, Aged About 50 Years, Resident Of Village Lalpur, Tehsil Mahuwa, District Dausa. 3. Ramdulari W/o Suresh Chand, Aged About 45 Years, Resident Of Village Lalpur, Tehsil Mahuwa, District Dausa. 4. Mahendra S/o Ghamandi, Aged About 40 Years, Resident Of Village Lalpur, Tehsil Mahuwa, District Dausa. ----Petitioners Versus 1. Ramkhiladi S/o Shri Gutthal, Resident Of Village Lalpur, Tehsil Mahuwa, District Dausa. 2. Tehsildar, Mahwa, District Dausa. ----Respondents For Petitioner(s) : Mr. Niklesh Katara, Adv. For Respondent(s) : Mr. Neeraj Joshi, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date of Judgment 22/07/2025 The present revision petition has been filed by the petitioners-defendant Nos.1 to 4 (for short ‘the defendants’) under Section 115 CPC against the order dated 21.10.2022 passed by the Civil Judge, Mahuwa, District Dausa (for short ‘the trial court’) in Civil Suit No.87/2022, titled as “Ramkhiladi Vs. Deviram & Ors.” whereby the trial court dismissed the application filed by the defendants under Order 7 Rule 11 CPC. Learned counsel for the defendants submits that the plaintiff filed a suit for permanent injunction against the defendants as well [2025:RJ-JP:27144] (2 of 3) [CR-247/2022] as defendant No.5 in which the defendants filed an application under Order 7 Rule 11 CPC before the trial court to the effect that the disputed land is an agricultural land. So, the civil court has no jurisdiction to try the suit but the trial court vide order dated 21.10.2022 dismissed the application filed by the defendants. So, the order dated 21.10.2022 passed by the trial court be set-aside and the suit filed by the plaintiff be dismissed for want of jurisdiction. Learned counsel for the defendants has placed reliance on the following judgments:- (1) Ram Kripal Das Ju Charitable Trust Vs. Phool Chand & Ors. Reported in 2012(3) RLW 1999; (2) Lal Singh Jhala Vs. Panna Lal reported in 2016(3) DNJ 1461; Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendants and submitted that the trial court rightly came to the conclusion that the objections raised by the defendants would be decided after evidence of the parties because it is a mixed question of law and fact. So, the present petition being devoid of merit, is liable to be dismissed. Learned counsel for the plaintiff has placed reliance upon the judgment passed by the Hon’ble Supreme Court in the case of Vinod Infra Developers Ltd. Vs. Mahaveer Lunia & Ors in Civil Appeal No.7109/2025 decided on 23.05.2025. I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiff. [2025:RJ-JP:27144] (3 of 3) [CR-247/2022] It is an admitted position that the plaintiff filed a suit for permanent injunction against the defendants mentioning therein that he had purchased the disputed land by way of agreement to sell dated 03.08.2005. A perusal of the said agreement reveals that it is an agricultural land. As per contention of the plaintiff, defendant Nos.1 and 2 had sold the disputed land to defendant Nos.3 and 4 by registered sale deed. The plaintiff filed the suit only for permanent injunction regarding the agricultural land, whereas he should have filed the suit for specific performance of the contract. By way of the suit, the plaintiff wanted to challenge the proceedings of the Tehsildar which were initiated against him. In my considered opinion, the plaintiff has efficacious remedy to challenge the said proceedings before the Revenue Court. So, the civil court has no jurisdiction to try the matter but the trial court has committed an error in entertaining the suit and dismissing the application filed by the defendants under Order 7 Rule 11 CPC. So, the present revision petition filed by the defendants deserves to be allowed. The Civil Revision Petition filed by the defendants is allowed. The order dated 21.10.2022 passed by the trial court is set-aside and the suit filed by the plaintiff is dismissed for want of jurisdiction. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Gourav/70