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VIPIN SANGHI
Kumud Vaidya – Appellant
Versus
Kamal Prasad – Respondent
JUDGMENT :
The petitioner has preferred the present writ petition to assail the order dated 19.01.2023 passed by learned Additional District Judge (II), Dehradun, whereby Civil Revision No. 12 of 2022, preferred by the petitioner to assail the order dated 29.11.2021 passed by Civil Judge (Junior Division), Rishikesh dismissing the petitioner’s/defendant’s Application under Order VII Rule 11 CPC, has been rejected.
2. The respondent had preferred the aforesaid Suit No. 48/2020, wherein the petitioner was the defendant, to seek a declaration that the Gift Deed, in respect of agricultural land, executed by the Aunt of the parties late Rajkumari Padma is void. The petitioner moved an Application under Order VII Rule 11 CPC on the premise that such a dispute could be agitated only before the Revenue Court, and the jurisdiction of the Civil Court is barred under Section 331 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The Courts below did not find merit in this submission of the petitioner, and dismissed the Application as well as the revision.
3. Learned Senior Counsel for the petitioner has placed reliance on the judgment of the Supreme Court in Kamla Prasad and ot
A Suit seeking a declaration in respect of a document of transfer of title to an agricultural land and seeking a relief of cancellation of the title transferred by the document is maintainable only i....
The jurisdiction of civil courts is upheld in cases involving allegations of fraud related to agricultural land, provided the instrument in question is deemed voidable rather than void ab initio.
The main legal point established in the judgment is that if the allegations in the plaint make a case of the document being voidable, only the civil court would have jurisdiction to deal with the sai....
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
The main legal principle established is that the civil court has jurisdiction to decide on the genuineness of a relinquish deed and consequential reliefs, even in cases related to agricultural land, ....
The central legal point established in the judgment is the distinction between void and voidable documents and their impact on the jurisdiction of revenue and civil courts in cases involving agricult....
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