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Vinod Kumar vs. Rajendra Kaur & Anr.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Application under Order 7, Rule 11–Dismissal of–Suit for permanent injunction–Land in question is recorded as agricultural land but falls within an urban area and same is being used as abadi land–A conjoint reading of Sec. 5(24) of R.T. Act and Sec. 103 of Raj. Land Revenue Act clearly indicates that until the land is converted into abadi land by an order of the competent authority, it continues to retain its character as agricultural land–The mere fact that the land is not currently cultivated, or is surrounded by abadi areas, does not by itself change its legal character–The dispute squarely falls within the jurisdiction of the Revenue Court and the Civil Court lacks jurisdiction to entertain the same–Application deserves to be allowed.