Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Rejection of application–Justification–Suit for declaration and permanent injunction–Averments of the plaintiff that she executed a release deed of her share in the land in favour of her mother and she, in turn, executed the release deed in favour her sister-in-law–On the day of presentation of plaint, plaintiff was not the recorded khatedar of land, rather, it reflects that she had no right in the land–Further, she had already filed a civil suit and a revenue suit–Relief of declaration of cancellation of the sale deed executed by defendant no. 4 in favour of defendant nos. 1 to 3 and decree of permanent injunction cannot be granted by the Civil Court unless the plaintiff is able to get the release deed cancelled from the competent Court and get herself the declared khatedar-tenant of the subject land–Held, application deserves to be allowed.


