Judgment

Dharmadhikari, J.—Aggrieved by the grant of decree of specific relief of execution of Contract of Sale of the agricultural lands in suit by the first appellate court which has been confirmed by the High Court of Allahabad in Second Appeal, the legal representatives of the deceased defendant have preferred this appeal.

2. The suit for Specific Relief of agreement of sale was resisted by the original defendant mainly on the ground that he alone was not competent to enter into agreement of sale of the entire land in which his sons (now on record as legal representatives) had shares.

3. The trial court rejected the claim of Specific Performance of the Sale Agreement and granted only a decree for refund of the price paid as advance.

4. The First Appellate Court reversed the judgment of the trial court and granted decree for Specific Performance. The High Court has confirmed the said decree. The defendant’s plea of joint ownership of the plaintiff and his sons was held to be barred in civil court by the provisions of Section 49 of the UP Consolidation of Holdings Act 1953 (hereafter referred to as the “Act of 1953" for short). Such plea, the High Court held, could and ought to have raised before revenue authorities under the said Act which has exclusive jurisdiction in the matter.

5. The learned Senior Counsel appearing for Legal Representatives of defendant has argued that entry of the lands in revenue record exclusively in the name of the deceased defendant could not preclude the present appellants (who are sons and legal representatives of the defendant) from taking a plea that the lands were jointly owned by the members of the joint family. It is contended that revenue entry in the name of father was in representative capacity for entire body of joint family and bar of Section 49 of the Act of 1953 was not attracted.

6. The Civil Court was fully competent to examine the question of title of the co-owners in the suit land. Strong reliance is placed on Kailash Rai vs. Jai Ram [1973 (1) SCC 527]; Gorakh Nath Dube vs. Har Narain Singh [1973 (2) SCC 535]; Suba Singh vs. Mahendra Singh [1974 (1) SCC 418] and; Dularia Devi vs. Janardan Singh [1990 Supp. SCC 216].

7. Assailing the reasoning of the First Appellate Court and the High Court, it is argued that the plea of co-ownership in respect of the land in suit could not have been raised in proceedings under the Act of 1953 as there was no cause of action or occasion for the same. In the Consolidation proceedings as ­inter-se dispute between the father and the sons never arose. It was not a subject matter which fell within the exclusive jurisdiction of the consolidation authorities under the Act of 1953.

8. Learned counsel appearing for the respondent-plaintiff supported the judgment of the First Appellate Court and the High Court. It is submitted that the legal question raised on behalf of the appellant has been rightly answered against them on the decision of this Court in Sita Ram vs. Chhota Bhondey [1991 Suppl. (1) SCC 556].

9. It is not in dispute that the suit lands were recorded exclusively in the name of the deceased defendant who was the father. The sons, even after becoming major and fully aware of the execution of the agreement of sale, did not make any attempt to get their names jointly recorded in the Revenue papers by appropriate proceedings under Section 49 of the Act of 1953. The present appellants have been brought on record of the suit only as legal representatives after death of the original defendant. Section 49 of the 1953 Act bars jurisdiction of Civil Court to adjudicate upon dispute of rights and title relating to lands included in Consolidation Proceedings. The jurisdiction to decide dispute of rights and title of the lands in Consolidation Proceedings has been conferred by the Act exclusively on the authorities under the said Act.

10. Section 49 of the Act of 1953 reads thus:—

“49. Bar to Civil Court jurisdiction.—Notwithstanding anything contained in any other