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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

Bench: 2 — Dhananjaya Y Chandrachud, Uday Umesh Lalit

In Brief

Pyarelal sued in civil court seeking to void a gift deed transferring agricultural land and prevent alienation, claiming he and others had khatedari (tenant) rights to a half share. However, his khatedari rights were pending determination in a separate revenue court suit. The Supreme Court upheld the Rajasthan High Court's dismissal of the suit, holding that civil courts lack jurisdiction when khatedari rights remain undecided. The Rajasthan Tenancy Act, 1955 grants revenue courts exclusive authority to declare such rights. An unrecorded claimant with disputed khatedari must first obtain a declaration from the revenue court before seeking relief in civil court regarding property transfers. Only recorded khatedars in possession may directly approach civil courts on grounds like fraud.

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Jurisdiction Tenancy Act Agricultural Law Code of Civil Procedure Concurrent Jurisdiction Revenue Courts

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