Advocates Appeared:
Annam D N Rao, Adv., A. Venkatesh, Adv., Rahul Mishra, Adv., Aishwarya Bhati, Adv., Jaideep Singh, Adv., Vaidruti Mishra, Adv., Gopal T, Adv., Damodar Solanki, Adv., Adarsh Tiwari, Adv., Biswabara Dash, Adv., Tanuja P, Adv., Dashrath Singh, Adv., Suresh Pandey, Adv.

When khatedari land is used for residential purposes, the jurisdiction to adjudicate disputes depends on the nature of the relief sought and the applicable statutory provisions.

If the dispute involves the declaration of khatedari rights, the rights of possession, or the validity of land transfer related to khatedari holdings, the revenue court or a specialized revenue tribunal typically has exclusive jurisdiction. This is because the relevant land laws, such as tenancy or land reform acts, explicitly specify that matters concerning khatedari rights are to be tried by revenue courts. These laws emphasize that until khatedari rights are decreed by the revenue court, civil courts generally do not have jurisdiction to decide on such rights or related disputes (!) .

However, if the dispute is purely about ownership, possession, or transfer of the land used for residential purposes, and does not involve the declaration of khatedari rights or tenancy rights, then civil courts have jurisdiction. Civil courts are empowered to try cases related to property rights, ownership, and possession, provided there is no specific statutory bar (!) (!) (!) .

In cases where the land is used for residential purposes but the dispute involves the validity of a transfer or a claim of ownership that is not directly related to khatedari or tenancy rights, civil courts would generally have jurisdiction, as these issues are of a civil nature (!) .

In summary, for khatedari land used for residential purposes: - Civil courts have jurisdiction when the dispute is about ownership, possession, or transfer not involving the declaration of khatedari rights. - Revenue courts or specialized tribunals have exclusive jurisdiction when the dispute involves the declaration of khatedari rights, tenancy rights, or matters explicitly covered by land reform or tenancy laws (!) .