VidhiSangh

Supreme Court of India · 29/01/2019

PYARELAL versus SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS.

[2019] 1 S.C.R. 717 · 2019 INSC 104

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Summary

An unrecorded claimant seeking to invalidate a gift deed affecting agricultural land first had to obtain a revenue-court declaration of his disputed khatedari rights. The civil relief depended on that determination, which the Rajasthan Tenancy Act reserved to revenue courts. The position differed from that of a recorded tenure holder or a claimant whose rights had already been decreed. Rejection of the civil plaint was upheld.

Issues

  1. Whether a civil suit challenging a gift deed and seeking injunction could proceed while the claimant’s khatedari rights remained pending before the revenue court.

Provisions considered

Held

Result

Appeals dismissed; High Court’s rejection of the civil plaint on the statutory jurisdictional bar upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 717.