PYARELAL versus SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS.

PYARELAL versus SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS.

Civil courts lack jurisdiction to entertain suits seeking declaration of gift deeds void relating to agricultural land where khatedari rights are pending determination by revenue court. Relief cannot be granted until khatedari rights are decreed by a revenue court; bar created by Sections 207, 256, 88 and Third Schedule of Rajasthan Tenancy Act, 1955 applies.

Parties
Appellant Plaintiff: Pyarelal; Respondents: Shubhendra Pilania (Minor) through Natural Guardian (Father) Shri Pradeep Kumar Pilania & Ors.
Jurisdiction
India
Judgment Date
29 January 2019
Procedural Posture
Civil Appeal Nos. 1269 1270 of 2019 / Appeal Against High Court Order (revision and Review)
Outcome
Appeals dismissed
Legal Topics
Jurisdiction of Civil Courts, Declaration of Khatedari Rights, Bar Under Rajasthan Tenancy Act
Civil Procedure Land/tenancy Law Jurisdiction of Civil Courts Declaration of Khatedari Rights Bar Under Rajasthan Tenancy Act

Case Brief

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Parties

Pyarelal

Appellant Plaintiff

Shubhendra Pilania (Minor) through Natural Guardian (Father) Shri Pradeep Kumar Pilania & Ors.

Respondents

Procedural Posture

Civil Appeal Nos. 1269 1270 of 2019 / Appeal Against High Court Order (revision and Review)

Legal Issues

  1. 1 Whether the jurisdiction of civil courts is barred by the Rajasthan Tenancy Act, 1955 for suits seeking declaration of gift deed void relating to agricultural land when khatedari rights are pending before the revenue court

Ratio Decidendi

Civil courts lack jurisdiction to entertain suits seeking declaration of gift deeds void relating to agricultural land where khatedari rights are pending determination by revenue court. Relief cannot be granted until khatedari rights are decreed by a revenue court; bar created by Sections 207, 256, 88 and Third Schedule of Rajasthan Tenancy Act, 1955 applies.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed; no order as to costs