In Brief
A landlord sought eviction of tenants from land let for a petrol pump since 1970. The lower courts held that without a formal declaration under the UPZALR Act 1950, the land remained agricultural and the Civil Court lacked jurisdiction. The Supreme Court held that a declaration made during litigation should be considered, as appeals are a continuation of proceedings. Since the land was declared non-agricultural during the appeal process, the Civil Court gained jurisdiction. The Court remitted the case to the First Appellate Court to decide on merits within six months, emphasizing that the actual use of land and parties' conduct matter alongside formal declarations.
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