VISWANATH (DEAD) BY LR. versus CHANDRA BHAN AND ORS.

VISWANATH (DEAD) BY LR. versus CHANDRA BHAN AND ORS.

Once the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force, the mortgage was statutorily extinguished and the appellant was not obliged to file a redemption suit; exclusive jurisdiction to order ejectment vests in the courts constituted under the Act, thus proceedings under Section 209 were maintainable and civil court jurisdiction is excluded.

Parties
Appellant: Viswanath (Dead) by LR.; Respondent: Chandra Bhan and Ors.
Jurisdiction
India
Judgment Date
13 December 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From a High Court Order
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Mortgage Extinction, Ejectment, Exclusive Jurisdiction of Revenue Courts
Property Law Land Reforms Jurisdiction Mortgage Extinction Ejectment Exclusive Jurisdiction of Revenue Courts

Case Brief

Summary, issues, holding and outcome

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Parties

Viswanath (Dead) by LR.

Appellant

Chandra Bhan and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From a High Court Order

Legal Issues

  1. 1 Whether civil court has jurisdiction in ejectment proceedings under U.P. Zamindari Abolition and Land Reforms Act, 1950.
  2. 2 Whether redemption of mortgage is required after its statutory extinction under the Act.

Ratio Decidendi

Once the U.P. Zamindari Abolition and Land Reforms Act, 1950 came into force, the mortgage was statutorily extinguished and the appellant was not obliged to file a redemption suit; exclusive jurisdiction to order ejectment vests in the courts constituted under the Act, thus proceedings under Section 209 were maintainable and civil court jurisdiction is excluded.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Orders of the tribunals below under the Act restored