The Rajasthan High Court at Jodhpur dismissed a civil suit challenging a land sale, observing that the case was built on “illusory facts” and did not disclose any genuine legal cause. The court stepped in to reject the plaint at the threshold, setting aside a trial court’s earlier order.
Background of the Case
The dispute traces back to a land transaction in Jodhpur. The plaintiff, Jogaram, claimed ownership of agricultural land and alleged that he had entered into an agreement in 2012 with Champa Devi and another individual for development of the land.
According to the plaintiff, he had handed over signed documents, including blank papers, for facilitating conversion and development. However, he later claimed that no development work was carried out and that the documents were misused.
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The controversy escalated when a sale deed dated 31 October 2023 was executed in favour of a third party. Jogaram challenged this transaction, arguing that he had already revoked the power of attorney and related agreements.
The trial court had earlier refused to reject the plaint under Order VII Rule 11 of the Civil Procedure Code, holding that the suit disclosed a cause of action and was maintainable before a civil court.
It noted that the dispute centered on cancellation of a sale deed and did not directly involve declaration of tenancy rights, thereby falling within civil jurisdiction.
Justice Rekha Borana, after examining the pleadings and documents, found major inconsistencies in the plaintiff’s case.
The court emphasized that the power of attorney was admittedly executed in writing in 2012. Addressing the claim of oral revocation in 2022, the bench clarified that such revocation holds no legal value when the original document is in writing.
“The alleged oral revocation… would be of no consequence,” the court observed, pointing out that written agreements cannot be altered or cancelled by oral statements.
A key finding was related to the timing of events. The court noted that the sale deed was executed on 31 October 2023, while the written revocation notice was issued later on 2 November 2023.
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“The sale deed executed on 31.10.2023 was perfectly valid as the power of attorney had not been revoked till that date,” the bench stated.
The judge further remarked that the pleadings appeared designed to artificially create a dispute.
“It is a clear case of clever drafting whereby an illusory cause of action has been sought to be created,” the court said.
On the argument regarding non-payment of sale consideration, the court clarified that this alone cannot invalidate a registered sale deed. It may give rise to a separate claim for recovery, but not cancellation.
Case Details
Case Title: Smt. Champa Devi vs. Jogaram & Anr.
Case Number: S.B. Civil Revision Petition No. 45/2026
Judge: Hon’ble Ms. Justice Rekha Borana
Decision Date: 09 April 2026
