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Hasti Cement Pvt. Ltd., Jodhpur & Anr. vs. Sandeep Charan & Anr.

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Specific Relief Act, 1963–Sec. 31–Bar of Section–Applicability–If the allegation in plaint/substance of the allegations in the plaint allege the instrument to be void and no cancellation is required and without seeking such cancellation, the relief of declaration pertaining to tenancy rights with regard to the agricultural land in question can be obtained by the plaintiff, only the revenue Courts would have jurisdiction to deal with the subject matter of the suit and consequently the jurisdiction of civil Courts would be barred–However, if the allegations made in the plaint make out a case of document being voidable, relief of cancellation of such voidable document can only be granted by civil Court and irrespective of the fact that the instrument pertains to agricultural land, the suit would not be barred under Section 207.