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Supreme Court of India 2022-03-23 allowed

Premlata @ Sunita vs Naseeb Bee & Ors

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

The appellant sued for possession and injunction in civil court after the Revenue Authority rejected her proceedings under Section 250 of the M.P. Land Revenue Code on grounds of lack of jurisdiction over title disputes. The defendants, who had themselves raised the jurisdiction objection before the Revenue Authority, then objected before the civil court that it lacked jurisdiction under Section 257 of the same Code. The High Court rejected the plaint, but the Supreme Court held that defendants cannot take contradictory stands before different authorities. Having successfully argued the Revenue Authority lacked jurisdiction, defendants could not later argue the civil court was equally barred, which would leave the plaintiff remediless. The Supreme Court restored the suit for trial.

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Civil Procedure Jurisdiction Plaint Rejection Land Disputes Estoppel Principles of Natural Justice

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