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2018 Supreme(Raj) 731

ARUN BHANSALI
Hasti Cement Pvt. Ltd. – Appellant
Versus
Sandeep Charan – Respondent


Advocates Appeared:
For the Petitioners: S.D. Purohit
For the Respondents: Prateek Rohiwal

Judgement Key Points

The legal document discusses the jurisdiction of civil courts versus revenue courts in cases involving agricultural land and related instruments. The core issue is whether a civil court has the authority to cancel or declare a void or voidable instrument, such as a sale deed, particularly when the land is agricultural and the dispute pertains to tenancy or ownership rights.

Key Points: - If the allegations in the suit suggest that the instrument is void ab initio (from the outset), then revenue courts generally have exclusive jurisdiction, and civil courts are barred from entertaining such suits (!) (!) . - Conversely, if the instrument is only voidable (not void ab initio), then civil courts may have jurisdiction to decide on its validity, including granting relief such as cancellation (!) (!) . - The nature of the relief sought and the substance of the allegations determine whether the suit is within the jurisdiction of civil courts or revenue courts (!) (!) . - Specific provisions of the relevant land and tenancy laws, especially those that restrict civil court jurisdiction in certain land disputes, are critical in this determination (!) (!) . - The distinction between seeking a declaration of rights and seeking cancellation of a document is significant; the latter generally requires a civil court’s intervention, especially when the document is alleged to be voidable rather than void (!) (!) . - The stage of the suit and the pleadings also influence whether civil courts can entertain such disputes, with the courts examining whether the allegations make the instrument void or voidable (!) (!) . - The legal principles emphasize that suits claiming rights over agricultural land, especially those based on tenancy or ownership, are often barred from civil court jurisdiction if the relief sought is primarily to declare the instrument void or voidable, and the matter falls under the exclusive jurisdiction of revenue courts (!) (!) .

In summary, the jurisdictional question hinges on whether the instrument is alleged to be void ab initio or voidable. Civil courts have jurisdiction to hear suits that seek declarations or relief based on voidable instruments, whereas suits based on void instruments are generally barred and must be filed in revenue courts.


JUDGMENT :

ARUN BHANSALI, J.

This revision petition under Section 115 CPC is directed against the order dated 4/5/2015 passed by the Senior Civil Judge, Bilara, District Jodhpur, whereby, the application filed by the petitioner under Order VII Rule 11 CPC read with Section 151 CPC has been rejected.

2. The respondent No. 1 filed a suit for cancellation of sale deed dated 17/4/1991, declaration of ownership and possession against the petitioners and two others with the averments that in agricultural land ad measuring 240 Bigha 9 Biswa situated at village Jhoorli, Tehsil Bilara respondent no. 4 Satya Dev, his father had ¼ share and after partition, the land ad measuring 63 Bigha 16 Biswa came to his share. The land in question is ancestral joint Hindu family property and plaintiff is co-parcener with defendant no. 4 and has right in the land since birth. The land in question without any reason, necessity and basis was transferred in favour of defendant no. 1 (petitioner No. 1) by registered sale deed dated 16/4/1991 and got registered with the Sub Registrar, Bilara, which transfer was null and void against the interest of plaintiff and he is not bound by the said sale deed. It was claim












































































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