KHURSHEED & ANR. versus SHAQOOR

KHURSHEED & ANR. versus SHAQOOR

Where a sale deed is alleged to have been executed by fraud and impersonation it is a voidable document and not void; consequently a pending civil suit for cancellation of such a voidable sale deed does not abate under Section 5(2)(a) of the U.P. Consolidation of Holdings Act, 1954 and the Civil Court retains jurisdiction to try the suit.

Parties
Petitioners: Khursheed & Anr.; Respondent: Shaqoor
Jurisdiction
India
Judgment Date
10 September 2024
Procedural Posture
Special Leave Petition (c) No. 26454 of 2019 / Special Leave Petition Before the Supreme Court (final Disposal)
Outcome
Special Leave Petition dismissed.
Legal Topics
Section 5(2)(a) of the U.p. Consolidation of Holdings Act, 1954, Section 49 of the U.p. Consolidation of Holdings Act, Void V. Voidable Documents, Cancellation of Sale Deed, Jurisdiction of Civil Court, Abatement of Suits, Writ Jurisdiction Under Articles 226/227
Property Law Civil Procedure Constitutional Law Land Consolidation Law Section 5(2)(a) of the U.p. Consolidation of Holdings Act, 1954 Section 49 of the U.p. Consolidation of Holdings Act, 1954 Void V. Voidable Documents Cancellation of Sale Deed +3 more

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Parties

Khursheed & Anr.

Petitioners

Shaqoor

Respondent

Procedural Posture

Special Leave Petition (c) No. 26454 of 2019 / Special Leave Petition Before the Supreme Court (final Disposal)

Legal Issues

  1. 1 Whether upon publication of notification under Section 4 of the U.P. Consolidation of Holdings Act, 1954 a pending civil suit for cancellation of a sale deed executed by fraud and impersonation stands abated under Section 5(2)(a) and the jurisdiction of the Civil Court is ousted under Section 49.

Ratio Decidendi

Where a sale deed is alleged to have been executed by fraud and impersonation it is a voidable document and not void; consequently a pending civil suit for cancellation of such a voidable sale deed does not abate under Section 5(2)(a) of the U.P. Consolidation of Holdings Act, 1954 and the Civil Court retains jurisdiction to try the suit.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Special Leave Petition (C) No. 26454 of 2019 dismissed.
  • Impugned order dated 02.08.2019 of the High Court of Uttarakhand upheld; the Civil Suit filed by the respondent is to be restored to the file of the Civil Judge (Junior Division), Laksar, District-Haridwar.