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Sanjeev vs. Mukna Ram & Anr.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Rajasthan Land Revenue Act, 1956–90A(6) & (9) [As inserted in the Year 2012]–Maintainability of suit before the Civil Court–Nature of land–Determination–Plea of plaintiff-appellant that the nearby lands are being used for residential purpose without conversion and the area in question has come in the jurisdiction of UIT–Acceptability–As per averments of plaint, land is recorded in revenue record in favour of plaintiff and suit before the Civil Court is barred–Further, after including the area in UIT, the tenancy rights shall be terminated after conversion of the land u/ss. 90A(6) & (7)–Held, Trial Court rightly concluded that the suit was barred by the law.