Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | UP zamindari |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Zamindari Abolition and Land Reforms Act, 1950: Sections 3(14), 143, 144, 333( 1) and 331-A: Conditions of Applicability C of section 331-A-Land comprising of building and land surrounding the building - Whether falls within the definition 'land'-Jurisdiction over such matter- Whether vested with Civil Courts or Revenue Courts. Civil Procedure Code, 1908: Section 115-Revision--Civil Court exercising Jurisdiction not vested in it by statute- Illegality committed in exercise of jurisdiction-Rectification of by High Court in exercise of its Revision Jurisdiction-Need for. Respondents filed a suit for possession of certain property, stating that the father pf appellant Nos.I and 2 was in possession of the property as a care-taker and that after his death appellant Nos.1 and 2 continued in possession of the same and did not vacate inspite of promises; instead they got their names entered in the records in respect of the property. The plaintiffs sought a decree for ejectment as well as pendente lite and future damages for use and occupation. The defendents-appellants contested the suit, claiming that it was not maintainable in the Civil Court inasmuch as it related to agricultural land. It was also claimed that the entire area came within the definition 'land' since no declaration was made under section 143 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. The Civil Judge observed that the land occupied by the building or appurtenant thereto was excluded from the definition 'land' in the U.P. Tenancy Act, 1939 and since the house was there even prior to the commencement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the same is not applicable. He, therefore, held the land to be abadi land, the Revenue Courts had no jurisdiction over it and the Civil Court could entertain the suit.The appellants produced extracts· of the relevant Khatauni which showed the plaintiff as bhumidhar of the suit property. The Civil Judge held that reliance could not be placed on these and observed that under the law if the land appurtenant to a building is being used for agricultural purposes it would not lose its nature of land appurtenant to building. The appellants preferred a Revision and the High Court dismissed the same. Against the High Court's order, the appellant preferred the present appeals by special leave. On behalf of the appellants, it was contended that all the three conditim1s stipulated in section 331-A of the U.P. Zamindari Abolition and Land Reforms Act, were fulfilled in this case; that no declaration has been made under section 143 or 144 of the Act in respect of the suit land; that the question whether the land was used or not for purpose of agriculture etc. ought to have been considered since the respondents claimed that it was abadi land; that there was no justification in ignoring the entry in the relevant Khatauni and entries in the revenue record; and that the Civil Judge had no jurisdiction to decide issue Nos.5 and 6. On behalf of the respondents it was contended that admittedly there was a building on the land in dispute and since the land surrounding the building was appurtenant to the building the entire area was abadi land. |
Judge | Hon'ble Mr. Justice S.C. Agrawal |
Neutral Citation | 1992 INSC 116 |
Petitioner | Chandrika Singh And Ors. |
Respondent | Raja Vishwanath Pratap Singh And Anr. |
SCR | [1992] 2 S.C.R. 640 |
Judgement Date | 1992-04-22 |
Case Number | 3785 |
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