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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Pooran Lal – Appellant
Versus
Saurabh Kumar – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard Shri Gaurav Tripathi, learned counsel for the petitioner and perused the record.
2. This petition has been filed challenging the order dated 26.05.2025 passed by Civil Judge (Junior Division), Pilibhit in Original Suit no. 261 of 2025 (Saurabh Kumar Vs. Pooran Lal) by which an application filed by the defendant-petitioner under Order VII Rule 11 of C.P.C. has been rejected. The revision filed against the order dated 26.05.2025 has also been dismissed by the revisional court i.e. District Judge, Pilibhit by order dated 30.05.2025. The order passed by the revisional court is also under challenge in the present writ petition.
3. Brief facts of the case are that Original Suit No. 261 of 2025 was instituted by the plaintiff-respondent for the relief of permanent injunction restraining the defendant, his agents from interfering with the peaceful possession of the plaintiff over the land which was given to the plaintiff on the basis of a lease deed. The second prayer made in the plaint was that a mandatory injunction be granted directing the defendant to accept the rent from the plaintiff and issue a receipt for the same and in case, the same is not
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 lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
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.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
The court established that disputes between landlords and tenants must be resolved by the Rent Tribunal, not civil courts, as per Section 18 of the Rajasthan Rent Control Act, 2001.
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.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
The U.P.Z.A. & L.R. Act has a special status under the Constitution of India, and the general civil law would not be applicable over it. The determination of the nature of land exclusively falls with....
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