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IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Mahesh Chand - Appellant
Versus
Brijesh Kumar & Ors. - Respondents
Second Appeal No. 1623 of 1992
Decided On : 15-02-2024
Key Points: - The Act of 1950 applies to land let out for non-agricultural purposes and requires a declaration under Section 143 to grant Civil Court jurisdiction; absence thereof leaves Civil Court lacking jurisdiction. (!) (!) (!) - Whether land within a town area falls under Act of 1950 depends on agricultural use and the presence or absence of a Section 143 declaration; urban area status does not automatically exclude application of the Act if the land remains agricultural. (!) (!) (!) - On failure to obtain Section 143 declaration for land used non-agriculturally, the Civil Court has jurisdiction issues and the matter may be required to be heard in a Revenue Court; the appellate court and this Court affirmed that absence of Section 143 leads to Civil Court lack of jurisdiction. (!) (!)
JUDGMENT :
1. This is a plaintiff’s second appeal. It arises out of a suit for eviction, recovery of arrears of rent and mesne profits.
2. The plaintiff’s suit aforesaid, being O.S. No.250 of 1974 was decreed by the Trial Court for eviction, recovery of arrears of rent from 01.07.1972 to 15.05.1974 and mesne profits from the date of determination of tenancy at the rate of Rs.10/- per day.
3. The defendant-respondent appealed to the District Judge of Bulandshahr from the Trial Court’s decree, which was numbered as Civil Appeal No.409 of 1981. The plaintiff filed a separate appeal from the Trial Court’s decree, seeking enhancement of the mesne profits awarded. This appeal was numbered as Civil Appeal No.20 of 1982. Both the appeals were consolidated, heard together and decided by a common judgment, but separate decrees passed by the learned Special Judge/ Additional District Judge, Bulandshahr dated 27.07.1992. The defendant’s appeal was allowed whereas that by the plaintiff dismissed.
4. Aggrieved by the judgment and decree passed in Civil Appeal No.409 of 1981, the present second appeal has been preferred. The plaintiff appealed to this Court from the judgment and decree passed in Civil Appeal No.20 of 1982 as well, which was dismissed in default by an order dated 24.08.2011. Until time that this appeal was heard by this Court, none of the parties said that the plaintiff’s appeal, bearing No.1694 of 1992 had been restored to file. The present appeal alone was, therefore, heard.
5. The facts giving rise to this appeal are:
Mahesh Chandra and Ramesh Chandra, two brothers instituted Original Suit No.250 of 1974 against Shyam Sundar Sharma with a case that they are owners of a part of Plot Nos.2135 and 2136, admeasuring 0-16-6 and 0-8-2 respectively, that abut the wall of the police station on the Jewar side, situate at Jewar, within the limits of the Town Area Jewar, District Bulandshahr (it now falls in District Gautam Buddh Nagar). On the 1st of January, 1970, Mahesh Chandra and Ramesh Chandra, the plaintiff-appellants (for short, 'the plaintiffs') granted lease of a part out of their holdings in Plot Nos.2135 and 2136 in favour of Shyam Sundar Sharma, admeasuring 100' along the road and about 100' on the western side, abutting the wall of Police Station Jewar. The demise was made on a rent of Rs.150/- per month for the purpose of enabling Shyam Sundar Sharma to establish and carry on the business of his petrol retail outlet, being an agency of the Indian Oil Corporation. A rent note dated 31.07.1970 was executed between parties and presented for registration on the same day. It was registered on 08.09.1970 as Document No.2740 in Book No.1, Volume 832 at Pages 62-67 by the Sub-Registrar. Something described as a 'hand note', carrying a map of the plot let out to Shyam Sundar Sharma, also signed by him, was duly executed by parties.
6. Shyam Sundar Sharma died pending suit and was substituted by his heirs and LRs, to wit, Smt. Nirmala Devi, his widow, Brijesh Kumar, a minor aged 3 years and Rajesh Kumar, a minor aged one year, both sons of Shyam Sundar Sharma through their next friend Jayanti Prasad Sharma, their grandfather. These LRs continued to represent the interest of the late Shyam Sundar Sharma in the suit and in appeal before the Lower Appellate Court. Here also, all the three heirs and LRs were made parties, but at a subsequent stage, under orders of this Court dated 06.01.2004, the name of Smt. Nirmla Devi, Shyam Sundar Sharma's widow was deleted and in this appeal, Shyam Sundar Sharma's interest is represented by Brijesh Kumar and Rajesh Kumar, his sons. Hereinafter, the original defendant Shyam Sundar Sharma, represented by his heirs and LRs Brijesh Kumar and Rajesh Kumar, shall be referred to as 'the defendant'. The Indian Oil Corporation was impleaded in the suit as defendant No.2 and to this appeal as defendant-respondent No.2. No relief has been claimed against the Indian Oil Corporation and they are admittedly what is
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Point of law: All personal law with regard to devolution of property becomes immaterial in view of the Act of 1950 as the Act of 1950 creates for the first time Bhoomidhari rights
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
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The sale deed for the property did not require permission from the Collector, and the suit was maintainable without a declaration of title.
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