NARENDRA KUMAR MITTAL & ORS. versus M/S. NUPUR HOUSING DEVELOPMENT PVT. LTD. AND ANR.

NARENDRA KUMAR MITTAL & ORS. versus M/S. NUPUR HOUSING DEVELOPMENT PVT. LTD. AND ANR.

Section 331 of the U.P. Zamidari Abolition and Land Reforms Act, 1950 does not bar a civil suit for cancellation of a sale deed when the plaintiff is a tenure holder with title not under cloud, and the relief sought is only cancellation of sale deed. Revenue Court does not have jurisdiction for cancellation on grounds of fraud and misrepresentation.

Parties
Appellant: Narendra Kumar Mittal & Ors.; Respondent: M/s. Nupur Housing Development Pvt. Ltd.; Respondent: Second Respondent (First Defendant)
Jurisdiction
India
Judgment Date
31 July 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Revision Order
Outcome
Appeals dismissed
Legal Topics
Maintainability of Civil Suit for Cancellation of Sale Deed, Jurisdiction of Civil Court Vs Revenue Court Under U.p. Zamidari Abolition and Land Reforms Act, 1950
Property Law Maintainability of Civil Suit for Cancellation of Sale Deed Jurisdiction of Civil Court Vs Revenue Court Under U.p. Zamidari Abolition and Land Reforms Act, 1950

Case Brief

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Parties

Narendra Kumar Mittal & Ors.

Appellant

M/s. Nupur Housing Development Pvt. Ltd.

Respondent

Second Respondent (First Defendant)

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether the suit filed by the plaintiff for cancellation of sale deed dated 15.06.2006 and for injunction was maintainable before the Civil Court, given the bar under Section 331 of U.P. Zamidari Abolition and Land Reforms Act, 1950

Ratio Decidendi

Section 331 of the U.P. Zamidari Abolition and Land Reforms Act, 1950 does not bar a civil suit for cancellation of a sale deed when the plaintiff is a tenure holder with title not under cloud, and the relief sought is only cancellation of sale deed. Revenue Court does not have jurisdiction for cancellation on grounds of fraud and misrepresentation.

Court Disposition

Appeals dismissed

Orders

  • Civil Appeal No. 5979 of 2019 dismissed with no order as to costs
  • Civil Appeal No. 5980 of 2019 dismissed with no order as to costs