Case Note & Summary
The dispute arose from a civil suit filed by the appellants for cancellation of a sale deed executed in favor of the respondents by imposters. The appellants claimed that they were the recorded tenure holders of the land in question, having received it through a legitimate sale deed from the original owner, Smt. Vidyawati Devi, on 12th July, 1984. They alleged that the respondents forged a sale deed on 24th July, 1984, attempting to dispossess them. The trial court initially ruled in favor of the appellants, but the High Court later set aside this ruling, stating that the suit was barred under Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, as the original vendor had not filed a suit for cancellation. The appellants contended that the High Court's reasoning was flawed, as Smt. Vidyawati Devi had indeed filed a suit for cancellation. The Supreme Court reviewed the evidence and found that the appellants were in possession and had a prima facie title. The court emphasized that a recorded tenure holder could seek relief in civil court for cancellation of a void document, and the High Court's decision was based on an incorrect premise. The Supreme Court ultimately allowed the appeal, set aside the High Court's judgment, and directed the trial court to proceed with the case on its merits, with no order as to costs.
Headnote
A) Land Law - Civil Court Jurisdiction - Suit for Cancellation of Sale Deed - U.P. Zamindari Abolition and Land Reforms Act, 1950, Section 331 - The court held that a recorded tenure holder with prima facie title in possession can file a suit in civil court for cancellation of a void document, and cannot be directed to approach the revenue court. The High Court's view that the absence of a suit by the vendor barred the appellants' suit was erroneous as the vendor had indeed filed such a suit (Paras 1-4).
Issue of Consideration
Whether a suit laid in the civil court by a recorded tenure holder for cancellation of a sale deed is barred under Section 331 and Schedule II of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the trial court to proceed with the suit on merits, with no order as to costs.
Law Points
- Civil court jurisdiction
- cancellation of sale deed
- recorded tenure holder
- void document
- U.P. Zamindari Abolition and Land Reforms Act
- 1950
