Suit For Partition Of Agricultural Land Can Be Decided By Civil Court If No Dispute Regarding Tenancy Rights Are Involved: Rajasthan HC

Rajasthan High Court ruled that the Civil Court had absolute jurisdiction in a suit for partition simplicitor even though partition of an agricultural land was sought for, if there was no dispute relating to the tenancy rights in that suit, in which case the matter to that limited extent had to be referred to the revenue court. The bench of Justice Vinit Kumar Mathur was hearing a petition filed against the order of an Additional District Judge wherein the application filed by the petitioners to refer a suit of partition to the revenue court was dismissed. It was the case of petitioners that the respondents had filed a suit for partition which was pending before the Civil Court. One of the issues framed by the trial court pertained to the partition of the land which was agricultural in nature. Hence, it was required to be sent to the revenue court. On the contrary, it was submitted on behalf of the respondents that there was no dispute regarding the nature of the land, neither there was any tenancy dispute between the parties. The suit was filed merely to obtain a decree of partition. Hence, referring the case to the revenue court was not required. After hearing the contentions, the Court referred to Section 242(1) of the Rajasthan Tenancy Act, 1955 (“the Act”) which provided that, “If in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy rights arises and such question- has not previously been determined by a revenue court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and record to the appropriate revenue court for the decision of that issue only.” The Court further observed that it was a settled law that where there was no revenue dispute involved, civil court had the jurisdiction to decide the question of partition of properties. In this background, the Court perused the issued framed by the trial court in the suit of partition and highlighted that the framed issues did not reflect any dispute regarding the tenancy of the agricultural land, and hence, the civil court had the jurisdiction to decide the suit. Accordingly, the petition was dismissed. Title: LRs of Late Sanwarmal Sharma v Smt. Deeta Devi & Ors. Citation: 2025 LiveLaw (Raj) 60Click Here To Read/Download The Order

Suit For Partition Of Agricultural Land Can Be Decided By Civil Court If No Dispute Regarding Tenancy Rights Are Involved: Rajasthan HC

Nupur Agrawal

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