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IN THE HIGH COURT OF ALLAHABAD
Manish Kumar Nigam, J.
Smt. Kushma Devi – Petitioner
Versus
Darshan Singh And Others – Respondents
Matters Under Article 227 No. - 113 of 2024
Decided On : 12-02-2024
Jurisdiction - U.P. Revenue Code - Section 206(2)(a), Schedule 2 - Summary of Acts and Sections
Fact of the Case:
The plaintiff filed a suit for prohibitory injunction against the defendant-petitioners. The defendant-petitioners contended that the suit was barred by Section 206 of the U.P. Revenue Code, 2006.
Finding of the Court:
The court analyzed the statutory provisions of Section 206 and the relevant schedules. It held that the suit for injunction was not barred by the provisions of Section 206 of the U.P. Revenue Code.
Issues: The main issue was whether the suit for prohibitory injunction was barred by Section 206 of the U.P. Revenue Code, 2006.
Ratio Decidendi: The court emphasized that the jurisdiction of the civil court to entertain a suit for injunction was neither expressly nor impliedly barred by the provisions of Section 206 of the U.P. Revenue Code.
Final Decision: The writ petition lacked merit and was dismissed.
JUDGMENT :
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
II. Issue/Pass an order allowing Application 32C-2 dated 04.01.2019, of the petitioner field under Order-VII, Rule-11(d) of C.P.C. and to dismiss the above mentioned suit with cost, as is barred by Sec.206 (2) A and Serial No.15 & 16 of second Schedule of U.P. Revenue Code 2006."
3. Brief facts of the case are that the plaintiff-respondent instituted suit for prohibitory injunction being Suit No. 225 of 2018 (Darshan Singh and others Vs. Javar Singh) restraining the defendant-petitioners from interfering with their possession over the land in dispute. The defendant-petitioners filed an application in the suit for rejecting plaint under Order 7 Rule 11(d) C.P.C., contending therein that the suit is barred by Section 206 of the U.P. Revenue Code, 2006 read with Schedule 2 entry 15 and 16 of the Schedule. The aforesaid application filed by the defendant-petitioners has been rejected by the trial court vide order dated 25.01.2021. The revision No. 3 of 2021 filed by the defendant-petitioner against the order dated 25.01.2021 has also been dismissed by order dated 16.08.2023 passed by Additional District and Sessions Judge Court No. 1, Farrukhabad. Hence the present petition.
4. The contention of learned counsel for the petitioner is that in the revenue records the name of plaintiff and defendants are recorded as co- tenure holders as Bhumidhars and all the gata number being minjumla, which has not been partitioned and therefore, the jurisdiction is with the revenue court and the suit of the plaintiff is barred by Section 206 of the U.P. Revenue Code, 2006.
5. Before examining the contention, it will be useful to look into the statutory provisions.
6. Section 206 of the U.P. Revenue Code, 2006 provides for jurisdiction of Civil and Revenue Courts and is quoted as under:-
(1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this Code, no Civil Court shall entertain any suit, application or proceeding to obtain a decision or order on any matter which the State Government, the Board, any Revenue Court or revenue Officer is, by or under this Code, empowered to determine, decide or dispose of.
(2) Without prejudice to the generality of the provisions of sub-section (1), and save as otherwise expressly provided by or under this Code-
(a) no Civil Court shall exercise jurisdiction over any of the matters specified in the Second Schedule; and
(b) no Court other than the revenue Court or the revenue officer specified in column 3 of the Third Schedule shall entertain any suit, application or proceeding specified in column 2 thereof.
(3) Notwithstanding anything contained in this Code, an objection that a Court or officer mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any suit, application or proceeding, shall not be entertained by any appellate, revisional or executing Court, unless the objection was taken before the Court or officer of the first instance, at he earliest opportunity, and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.”
7. Schedule 2 of the U.P Revenue Code, 2006 provides for 16 matters which are excluded from the jurisdiction of the Civil Court. Schedule 2 of the U.P Revenue Code, 2006 is quoted as under:
[
The central legal point established in the judgment is that the jurisdiction of the civil court to entertain a suit for injunction was not barred by the provisions of Section 206 of the U.P. Revenue ....
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
Civil Courts have jurisdiction to adjudicate matters involving non-agricultural land, despite the U.P. Revenue Code's provisions, as the rejection of the plaint was deemed unlawful.
The revenue court has jurisdiction to grant interim injunctions in partition suits under the U.P. Revenue Code, and construction on joint land does not change its nature as a holding.
A recorded tenure holder, having prima facie title in his favour, cannot be directed to approach Revenue Court for seeking relief of injunction.
Civil Suit - Jurisdiction of civil court - By reason of exclusion of civil court provided under S. 331 expressly and suit having been a suit under S. 208 of U U.P.Z.A. & L.R. Act fall within SI. No. ....
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
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