Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Suit for partition, permanent injunction and declaration of rights–Rejection of plaint–Land has been converted in the year 2006 from agricultural to residential–As per plaint averments, plaintiff sought the cancellation of sale deed up to the extent of her share with claiming that the sale deed executed by her brother and subsequently the name of her mother having been added, was beyond their rights–Legal effect of sale deed cannot be taken away without setting aside the same–The document would be voidable and only the Civil Court would have the jurisdiction in the matter–Observation of trial Court that the order of conversion can be challenged by way of filing the appeal, was not justified at the stage of dealing with the maintainability of suit–Impugned judgment set aside and matter remanded back with direction to proceed with the suit in accordance with the law.
