KAMLA PRASAD AND ORS. versus SRI KRISHNA KANT PATHAK AND ORS.

KAMLA PRASAD AND ORS. versus SRI KRISHNA KANT PATHAK AND ORS.

In cases regarding agricultural land, where the plaintiff is not the sole recorded bhumidhar and mutation has already occurred in favour of purchasers, only the Revenue Court has jurisdiction to decide ownership, title, and possession questions under Section 229B of U.P. Zamindari Abolition and Land Reforms Act, 1950; Civil Court lacks jurisdiction in such matters.

Parties
Appellants/original Defendants Nos. 1 to 6: Kamla Prasad and Ors.; Respondents/original Plaintiff and Defendants Nos. 2 to 12: Sri Krishna Kant Pathak and Ors.
Jurisdiction
India
Judgment Date
09 February 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order of High Court of Judicature at Allahabad in C.m.w.p. No. 386 of 1990
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Civil and Revenue Courts, Declaration and Cancellation of Sale Deeds, Mutation and Entries in Revenue Records
Civil Procedure Property Law Land Reforms Jurisdiction of Civil and Revenue Courts Declaration and Cancellation of Sale Deeds Mutation and Entries in Revenue Records

Case Brief

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Parties

Kamla Prasad and Ors.

Appellants/original Defendants Nos. 1 to 6

Sri Krishna Kant Pathak and Ors.

Respondents/original Plaintiff and Defendants Nos. 2 to 12

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order of High Court of Judicature at Allahabad in C.m.w.p. No. 386 of 1990

Legal Issues

  1. 1 Whether Civil Court has jurisdiction to entertain a suit for declaration and cancellation of sale deeds for agricultural land, or whether such jurisdiction exclusively vests with the Revenue Court.
  2. 2 Whether legality of insertion/deletion of names in Revenue Records can be decided by Civil Court.

Ratio Decidendi

In cases regarding agricultural land, where the plaintiff is not the sole recorded bhumidhar and mutation has already occurred in favour of purchasers, only the Revenue Court has jurisdiction to decide ownership, title, and possession questions under Section 229B of U.P. Zamindari Abolition and Land Reforms Act, 1950; Civil Court lacks jurisdiction in such matters.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Orders of Trial and Appellate Courts restored