Ejectment of person occupying land without titleState · Rajasthan

Section 107 of The Ajmer Tenancy and Land Records Act, 1950 in hindi

A person who has made an application under section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a civil court for any relief which he might and ought to have claimed and has not claimed.

Summary

Prohibits any person who has applied for help in the revenue court from starting a separate case in a regular civil court.
Specifically covers cases where a tenant was wrongly removed or where someone stayed on land without permission.
Requires people to ask for all the help they need, such as getting land back or getting paid for damages, in their first revenue court application.
Prevents people from filing new lawsuits later for relief that they should have asked for in their original case.

Practical examples

1Sarah files a case in revenue court to get her farm back from a squatter but forgets to ask for money for the damaged fence. She cannot later sue the squatter in a normal civil court for that fence money.

2Vikram is already in the middle of a land possession case in the specialized land court. When he tries to start a separate lawsuit for the same problem in the city civil court, the judge refuses to hear it.

FAQ

1. Can a civil court hear a land dispute after a revenue court application under Section 107 of the Ajmer Tenancy and Land Records Act, 1950?

No, the civil court is barred from hearing claims for relief that should have been asked for in the revenue court.

2. What relief is covered by Section 107 of the Ajmer Tenancy and Land Records Act, 1950?

Any relief related to cases under Section 102 for wrongful removal or Section 104 for unauthorized occupation.

3. Why must I claim all relief at once under Section 107 of the Ajmer Tenancy and Land Records Act, 1950?

To prevent multiple lawsuits and ensure the revenue court handles the entire dispute in one single proceeding.

Test yourself

Q1.Under Section 107 of The Ajmer Tenancy and Land Records Act, 1950, when is a person barred from civil court?

Q2.According to Section 107 of The Ajmer Tenancy and Land Records Act, 1950, which section's applications prevent separate civil suits?

Q3.Under Section 107 of The Ajmer Tenancy and Land Records Act, 1950, what is the goal of banning separate suits?

Q4.If a tenant files for possession under Section 102 but forgets to ask for compensation for their crops, can they sue for that money in a different court under Section 107 of The Ajmer Tenancy and Land Records Act, 1950?

106PreviousSection 106 Consequences of failure to file application under section 102 or 104.108NextSection 108 Tenant's right to claim inquiry for illegal exaction and other matters.

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