Full Judgment Text
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5979 OF 2019
(Arising out of S.L.P. (Civil) No.8352 of 2015
NARENDRA KUMAR MITTAL & ORS. … APPELLANTS
VERSUS
M/S NUPUR HOUSING DEVELOPMENT
PVT. LTD. AND ANR. … RESPONDENTS
WITH
CIVIL APPEAL NO. 5980 OF 2019
(Arising out of S.L.P. (Civil) No.8528 of 2015
J U D G M E N T
S. ABDUL NAZEER, J.
CIVIL APPEAL NO. 5979 OF 2019
(Arising out of S.L.P. (C) No.8352 of 2015
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.08.01 . Leave granted.
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16:59:31 IST
Reason:
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2 . The question for consideration in this appeal is whether the
suit filed by the first respondentplaintiff for cancellation of the sale
deed dated 15.06.2006 against the appellantsecond defendant and
second respondentfirst defendant, and for injunction restraining
them from interfering with its possession of the property was
maintainable?
3. The plaintiff is a private limited company, registered under
the Companies Act, 1956. It had purchased from the first
defendant certain properties (for short 'the disputed property') in
Village Yakootpur, Pargana and Tehsil Dadri, District Gautam
Budh Nagar under five sale deeds, all dated 17.10.1998. The
plaintiff submitted an application in the office of the Tehsildar for
having its name entered in the record in respect of the disputed
property. During the pendency of these proceedings, it came to the
knowledge of the officials of the plaintiff that the first defendant
had illegally sold the disputed property through four registered sale
deeds all dated 15.06.2006 in favour of defendant Nos. 2 to 5.
Therefore, the plaintiff filed original suit No.55 of 2008 in the court
of the Civil Judge (Sr. Division) Gautam Budh Nagar, for
cancellation of the said sale deed and also for injunction against
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the first defendant and the second defendant restraining them from
interfering with its possession and use of the property.
4. The second defendant questioned the maintainability of the
suit, having regard to Section 331 of the U.P. Zamidari Abolition
and Land Reforms Act, 1950 (for short ‘the Act’). The Civil Court
vide order dated 22.05.2014 held that the suit was maintainable.
The second defendant challenged the said order before the
Allahabad High Court. After considering the matter, the High Court
dismissed the revision petition by its order dated 17.11.2014. The
second defendant has called in question the legality and
correctness of the said order in this appeal.
5. We have heard the learned counsel for the parties. It is not in
dispute that the disputed property is an agricultural land. The
contention of the learned counsel for the second defendant is that
the suit in respect of agricultural land is barred under Section 331
of the Act. Learned senior counsel appearing for the plaintiff
submits that the suit filed by the plaintiff was only for cancellation
of the sale deed and for injunction and thus the bar contained in
Section 331 of the Act is not attracted.
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6. This Court in Smt. Bismillah v. Janeshwar Prasad and Ors.
has drawn a distinction between the suits cognizable by the civil
court and the cases where Revenue Court has exclusive
jurisdiction. It was also held that the statutory provisions ousting
the jurisdiction of the civil court need to be strictly construed. It
was held thus:
"7. It is settled law that the exclusion of
the jurisdiction of the civil court is not to
be readily inferred, but that such
exclusion must either be explicitly
expressed or clearly implied. The
provisions of a law which seek to oust the
jurisdiction of civil court need to be
strictly construed. Section 331 of the Act
has been the subject of series of
pronouncements of the High Court as to
the circumstances and the nature of the
suits in which its exclusionary effect
operates. Distinction was sought to be
drawn between the class of cases where
the binding effect of a deed had had to be
got rid of by an appropriate adjudication
on the one hand and the class of cases in
which a transaction could be said to be
void in law where what the law holds to be
void, there is nothing to cancel or set aside
on the other. In the former case, it was
held, a suit was cognisable by the civil
court while in the latter, it was not, it
being open to the statutory authority to
take note of the legal incidents of what
was non est."
In the instant case, the plaintiff has pleaded that it had
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purchased the disputed property under five sale deeds all dated
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(1990) 1 SCC 207
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17.10.1998 from the first defendant. The suit was filed for
cancellation of the sale deed dated 15.06.2006 on the ground of
fraud and misrepresentation. The plaintiff had not sought any relief
with respect to its own right and title as a tenure holder or
declaration of its title or status. As stated above, the only relief
sought in the suit filed was for cancellation of the alleged sale deed
dated 15.06.2006. We are of the view that Section 331 of the Act
does not deprive a party of his right to approach competent court of
law for getting a document cancelled, especially when, ,
prima facie
the title of the recorded tenure holder is not under cloud. Revenue
Court does not have jurisdiction of granting relief of cancellation of
a deed on the ground of fraud and misrepresentation.
8. A similar question in relation to the maintainability of the suit
was considered by the Full Bench of the Allahabad High Court in
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Ram Padarath & Ors. v. Second ADDL D.J. , Sultanpur & Ors. ,
and it was held thus:
"We are of the view that the case of
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Indra Dev v. Smt. Ram Piari , has been
correctly decided and the said decision
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(1989) RD 21 (All)(FB)
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requires no consideration, while the
Division Bench case, Ayodhya Prasad
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(Dr) v. Gangotri Prasad is regarding the
jurisdiction of consolidation
authorities, but so far as it holds that
suit in respect of void document will lie
in the revenue court it does not lay
down a good law. Suit or action for
cancellation of void document will
generally lie in the civil court and a
party cannot be deprived of his right
getting this relief permissible under law
except when a declaration of right or
status and a tenureholder is
necessarily needed in which event relief
for cancellation will be surplusage and
redundant. A recorded tenureholder
having prima facie title in his favour
can hardly be directed to approach the
revenue court in respect of seeking
relief for cancellation of a void
document which made him to
approach the court of law and in such
case he can also claim ancillary relief
even though the same can be granted
by the revenue court."
9. This Court in Shri Ram & Anr. v. Ist Addl. Distt. Judge &
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Ors. , considered the question relating to maintainability of a suit
by a recorded tenure holder in possession for cancellation of the
sale deed in favour of the respondents executed by some imposters.
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(1982) 8 ALR 517
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1981 AWC 469
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(2001) 3 SCC 24
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After noticing the aforesaid judgment of the Full Bench of
Allahabad High Court, this Court held that where recorded tenure
holder, having a prima facie title and in possession files suit in the
Civil Court for cancellation of sale deed having been obtained on
the ground of fraud or impersonation, it cannot be directed to file a
suit for declaration in the Revenue Court, reason being that in such
a case, prima facie , the title of the recorded tenure holder is not
under cloud. He does not require declaration of his title to the
land. However, if the plaintiff is required to seek a declaration of
title, he has to approach the Revenue Court.
In the instant case, since the plaintiff claims title under sale
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deeds of 1998 executed by the first defendant, it need not be forced
to seek a declaration of its title. Therefore, the plaintiff had filed a
suit for cancellation of the subsequent sale deed executed by the
first defendant in favour of the second defendant. Hence, there is
no bar under Section 331 of the Act for the plaintiff to approach the
civil court and the suit filed by it was maintainable.
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11. In Kamla Prasad & Ors. v. Kishna Kant Pathak & Ors . ,
relied on by the learned counsel for the appellantsecond
defendant, the plaintiff was the coowner and not a recorded tenure
holder. In the plaint, the plaintiff himself had stated that he was
not the sole owner of the property and defendants 10 to 12 who
were proforma defendants had also right, title and interest therein.
He had also stated that though his name had appeared in the
revenue record, defendants 10 to 12 also had a right in the
property. In this factual background, this Court held that such a
question can be decided by the Revenue Court in a suit instituted
under Section 229B of the Act. It was also held that the legality or
otherwise of the insertion of names of purchasers in records of
rights and deletion of the name of the plaintiff from such record
can only be tested by Revenue Court, since names of the
purchasers had already been entered into the record. This
judgment has no application to the facts of the present case.
We do not find any merit in this appeal. It is accordingly
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dismissed. There will be no order as to costs.
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(2007) 4 SCC 213
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CIVIL APPEAL NO. 5980 OF 2019
(Arising out of S.L.P. (C) No. 8528 of 2015
13. Leave granted.
14. The issue in this appeal is squarely covered by the above
judgment. Hence, this appeal is also dismissed. There will be no
order as to costs.
……………………………………J.
(N.V. RAMANA)
...…………………………………J.
(S. ABDUL NAZEER)
New Delhi;
July 31, 2019.