Dismissed

Banvari v. Bharat Singh

Allahabad HC18 Jul 2019A227/3797/2019

Case brief

AI extract

What is this about?

The High Court applied its supervisory jurisdiction under Article 227 to dismiss an application challenging an appellate order. The court agreed with the appellate court that an injunction suit regarding the property is not maintainable while alternative revenue remedies remain pending, though observations on maintainability should not affect the trial court's decision on merits.

What did the court decide?

The application under Article 227 was dismissed; the impugned order setting aside the temporary injunction was allowed to stand.

Banvari Vs Bharat Singh — Property and Title | Allahabad HC (2019)

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Court No. - 40

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Case :- MATTERS UNDER ARTICLE 227 No. - 3797 of 2019 Petitioner :- Banvari Respondent :- Bharat Singh Counsel for Petitioner :- Udai Narain Khare,Gopal Khare

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Hon'ble Manoj Kumar Gupta,J.

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The instant petition is directed against the order dated 14.12.2017 passed by Additional District Judge, Court No.2, Jalaun at Orai in Misc. Civil Appeal No.50 of 2014. By the said order, the appellate court has allowed the appeal and has set aside the order of the trial court dated 17.7.2014 granting temporary injunction in favour of the petitioner during pendency of the suit instituted by him.

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According to the petitioner, the suit property was inherited by him from his ancestors. Indisputably, it is agricultural land. His further case is that Mst. Jethi, widow of one of his ancestors, had no title in the suit property but she illegally executed a sale deed dated 27.8.2003 in favour of defendant Bharat Singh. It does not confer any title in his favour. The case of the petitioner was that Mst. Jethi is not widow of Ujagar Singh as claimed by her. The trial court observing that the sale deed executed by Mst. Jethi is a void document, proceeded to grant temporary injunction in favour of the petitioner.

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It is noteworthy that in an earlier suit under Section 229-B, which culminated in a compromise dated 5.12.2012 between father of the plaintiff and Mst. Jethi, widow of Ujagar Singh, it was agreed that land in dispute would stand settled with her in lieu of maintenance. Accordingly, her name came to be mutated in the revenue records. Subsequently, name of her transferee Bharat Singh was also mutated. The mutation of the name of Bharat Singh is subject matter of challenge in the court of Sub Divisional Magistrate and a stay is operating against the same. A revision is also

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pending between the parties before Deputy Director of Consolidation. The petitioner has also filed a suit under Section 229-B before the revenue court challenging right, title and interest of Mst. Jethi in the suit property. The appellate court has observed that the petitioner having already availed alternative remedies, the suit for injunction was apparently barred by Section 41 (h) of the Specific Relief Act, 1963. It has also held that as per proviso to Order 39, Rule 2 (U.P. Amendment) where permanent injunction could not be granted, temporary injunction also could not be granted.

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Counsel for the petitioner does not dispute that the suit of declaration at his instance is pending before the revenue court. In such view of the matter, this Court fully concurs with the view taken by the appellate court in holding that the injunction suit in respect of the same property before the Civil Court is prima facie not maintainable. Thus, no case is made out to interfere in exercise of supervisory power under Article 227 of the Constitution.

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The petition is accordingly dismissed.

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However, it is clarified that the observations made by the appellate court or by this Court regarding maintainability of the suit shall not influence the trial court while deciding the said issue on merits.

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(Manoj Kumar Gupta, J)

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Order Date :- 18.7.2019 SL

Banvari v. Bharat Singh

Case brief

What is this about?

What did the court decide?

Banvari v. Bharat Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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