Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Zamindari Abolition and Land Reforms Act Code of Civil Procedure 1950 - s.331 1908 : s. 100 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - s.331 -Applicability of- Jurisdiction of civil court - Held: No evidence led by defendants that suit land was ยท demarcated under s. 5 and as such vested in State Government - Hence s.331 of 1950 Act not applicable - Unless land is vested in State Government, s.331 would have no application to oust jurisdiction of civil court - Burden lies ; on defendants to prove that suit lands were demarcated which they failed to discharge - Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 - ss. 5 and Code of Civil Procedure, 1908 : ~E s. 100 - Finding arrived at by trial court and first appellate court that plaintiff was initiated as the eldest chela of Mahant and was successor in respect of the suit property of Mahant - High Court framed substantial questions of law as to whether civil court has jurisdiction and whether suit was barred by limitation - High Court held that suit was not maintainable before civil court- On appeal, Held: Neither any other question of law framed by High Court nor any other question decided by courts below put to challenge by framing substantial question of law - Hence finding of courts below regarding plaintiff being successor of suit property attained finality. s. 100(5), proviso - Powers under - Exercise of - Held: Power of High Court to hear appeal on question of law not formulated is conferred by virtue of proviso to sub-section (5) ~ - of s. 100, but to apply provision of proviso it is necessary condition that High Court feels satisfied that case involves such A question on which hearing has to given to the parties although such substantial question of law has not been framed and secondly the High Court records its reasons for its satisfaction. Appeal - Before Supreme Court - New plea - Raising B of - Permissibility of - Held: Not permissible. |
Judge | Hon'ble Mr. Justice P.P. Naolekar |
Neutral Citation | 2008 INSC 569 |
Petitioner | Mahant Dooj Das (dead) Through Lr. |
Respondent | Udasin Panchayati Bara Akhara & Anr. |
SCR | [2008] 7 S.C.R. 470 |
Judgement Date | 2008-05-01 |
Case Number | 5060 |
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