MAHESH CHAND (DEAD) THROUGH LR(S) versus BRIJESH KUMAR & ORS.

MAHESH CHAND (DEAD) THROUGH LR(S) versus BRIJESH KUMAR & ORS.

Because the land was declared non-agricultural under Section 143 of the UPZALR Act during the pendency of the litigation and the tenancy agreement showed non-agricultural use from inception, the Civil Court had jurisdiction; subsequent declaration during the proceedings must be noticed and the High Court's order returning the plaint was set aside and the matter remitted for adjudication on merits.

Parties
Appellant: Mahesh Chand (Dead) Through LR(s); Respondent: Brijesh Kumar & Ors.
Jurisdiction
India
Judgment Date
19 August 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (judgment Delivered)
Outcome
Appeal allowed; impugned judgment and decree of the High Court set aside; matter remitted to the First Appellate Court to be decided on merits
Legal Topics
Plaint, Return of Plaint, Jurisdiction, Order VII Rule 10 CPC, Section 143 UPZALR Act, Non Agricultural Land, Tenancy
Property Law Civil Procedure Revenue Law Land Reforms Plaint Return of Plaint Jurisdiction Order VII Rule 10 CPC +3 more

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Parties

Mahesh Chand (Dead) Through LR(s)

Appellant

Brijesh Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (judgment Delivered)

Legal Issues

  1. 1 Whether the High Court was correct in directing return of plaint under Order VII Rule 10 CPC
  2. 2 Whether a declaration under Section 143 of the UPZALR Act made during the pendency of litigation renders the land non-agricultural and confers jurisdiction on Civil Courts
  3. 3 Whether non-registration of the declaration under Section 145 of the UPZALR Act renders the declaration ineffective for jurisdictional purposes

Ratio Decidendi

Because the land was declared non-agricultural under Section 143 of the UPZALR Act during the pendency of the litigation and the tenancy agreement showed non-agricultural use from inception, the Civil Court had jurisdiction; subsequent declaration during the proceedings must be noticed and the High Court's order returning the plaint was set aside and the matter remitted for adjudication on merits.

Court Disposition

Appeal allowed; impugned judgment and decree of the High Court set aside; matter remitted to the First Appellate Court to be decided on merits

Orders

  • Impugned judgment and decree of the High Court dated 15.02.2024 set aside
  • Case remitted to the First Appellate Court for consideration and decision on merits