MEG RAJ (DEAD) THR. L.RS. & ORS. versus MANPHOOL(DEAD) THR. L.RS. & ORS.

MEG RAJ (DEAD) THR. L.RS. & ORS. versus MANPHOOL(DEAD) THR. L.RS. & ORS.

Civil suits challenging the legality of orders passed by the Prescribed Authority under the Haryana Ceiling on Land Holdings Act, 1972 are barred by Section 26(b) of the Act; civil court's jurisdiction is expressly taken away, and remedy lies in appeal/revision under Section 18 of the Act.

Parties
Appellant: MEG RAJ (DEAD) THR. L.RS. & ORS.; Respondent: MANPHOOL (DEAD) THR. L.RS. & ORS.
Jurisdiction
India
Judgment Date
15 March 2019
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals dismissed
Legal Topics
Ceiling on Land Holdings, Jurisdictional Bar, Bar of Civil Suit, Declaration Suit
Land Law Civil Procedure Ceiling on Land Holdings Jurisdictional Bar Bar of Civil Suit Declaration Suit

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Parties

MEG RAJ (DEAD) THR. L.RS. & ORS.

Appellant

MANPHOOL (DEAD) THR. L.RS. & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether civil suits challenging the order of Prescribed Authority under Haryana Ceiling on Land Holdings Act, 1972 are barred by Section 26 of the Act

Ratio Decidendi

Civil suits challenging the legality of orders passed by the Prescribed Authority under the Haryana Ceiling on Land Holdings Act, 1972 are barred by Section 26(b) of the Act; civil court's jurisdiction is expressly taken away, and remedy lies in appeal/revision under Section 18 of the Act.

Court Disposition

Appeals dismissed

Orders

  • The appeals are dismissed as being devoid of merit.
  • The bar under Section 26 of the Act applies, suits not triable by civil court.