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Supreme Court of India 2019-07-31 dismissed

NARENDRA KUMAR MITTAL vs M/S NUPER HOUSING DEVELOPMENT PVT LTD

Bench: 3 — Arun Mishra, S. Abdul Nazeer, M.R. Shah

In Brief

A registered private company, having purchased agricultural land under sale deeds from an original owner, filed a suit for cancellation of subsequently executed competing sale deeds and for injunction, claiming the subsequent deeds were executed fraudulently. The second defendant argued the suit was barred under Section 331 of the U.P. Zamidari Abolition and Land Reforms Act, 1950, which restricts civil court jurisdiction over agricultural land disputes. The Supreme Court held the suit was maintainable. Since the plaintiff held prima facie title under earlier valid deeds and did not need to declare title, it could approach the civil court for cancellation of the fraudulently executed document. The statutory bar on civil jurisdiction must be strictly construed and does not apply where a recorded tenure holder seeks cancellation of a later deed on fraud grounds.

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Land Law Civil Procedure Agricultural Law Jurisdiction Real Property Fraud Title

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