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Supreme Court of India 2019-01-29 dismissed

Pyarelal vs Shubhendra Pilania (Minor) Through Natural Guardian (Father) Shri Pradeep Kumar Pilania & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

The appellant sought to declare a gift deed void and restrain alienation of agricultural land, but had not yet obtained recognition of his khatedari (tenant) rights in a revenue court. The Supreme Court held that civil courts are barred from entertaining such suits when the plaintiff's khatedari rights remain disputed or unrecognized. The Rajasthan Tenancy Act grants exclusive jurisdiction to revenue courts for disputes involving khatedari rights. An unrecorded or disputed khatedar must first obtain a decree establishing those rights in a revenue court before seeking relief in a civil court. Only recorded khatedars with prima facie title may directly approach civil courts for cancellation of documents. The appeals were dismissed.

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Jurisdiction of Civil Courts Agricultural Land Law Tenancy Law Khatedari Rights Gift Deed Cancellation Jurisdiction Bar Revenue Court Jurisdiction Civil Procedure

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