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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: 2 — Dhananjaya Y. Chandrachud

In Brief

In this civil appeal, the Supreme Court determined whether a civil court could entertain a suit to declare a gift deed void and restrain alienation of agricultural land where the plaintiff's tenant (khatedari) rights were pending declaration before a revenue court. The Court held that civil courts lack jurisdiction over such matters under the Rajasthan Tenancy Act. Since the plaintiff's khatedari rights were not yet decreed by the revenue court (which has exclusive authority over such matters), the plaintiff could not seek relief in civil court. The Court distinguished between recorded tenure holders (who may approach civil courts) and unrecorded claimants (who must first obtain tenure declarations). The appeals were dismissed as lacking merit.

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Civil Procedure Jurisdiction Property Law Agricultural Land Tenancy Law

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