Allowed

Janardan Singh v. Smt Prabhavati Devi and 22 Others

Allahabad HC16 Dec 2024SAPL/983/2024

Case brief

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What is this about?

This second appeal questions the first appellate court's reversal of a trial court decree cancelling a sale deed. The High Court held the civil court possesses jurisdiction under Section 31 of the Specific Relief Act, 1963.

What did the court decide?

Notice issued to respondents; summon record; matter considered substantially on the question of civil court jurisdiction and listed for final hearing.

Janardan Singh vs Smt Prabhavati Devi and 22 Others — Specific Performance | Allahabad HC (2024)

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Court No. - 36

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Case :- SECOND APPEAL No. - 983 of 2024

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Appellant :- Janardan Singh Respondent :- Smt Prabhavati Devi And 22 Others Counsel for Appellant :- Ravi Kant Singh

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Hon'ble Kshitij Shailendra,J.

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Heard Sri Ravi Kant Singh, learned counsel for the appellant and perused the record.

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The suit for cancellation of a registered sale deed and for permanent prohibitory injunction was decreed by the Civil Judge (Senior Division), F.T.C., Mau by judgement and order dated 25.01.2018. The decree has been reversed by the first appellate court by impugned judgment dated 07.09.2024, mainly on the ground that, on account of revenue entries not being in favour of the appellant, he should have approached revenue court claiming a decree for declaration of his rights.

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Learned counsel for the appellant submits that mutation records have been misread by the first appellate court.

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Prima facie, the court finds that the suit for cancellation of a registered sale deed falling under Section 31 of the Specific Relief Act, 1963, the first appellate court has committed an error holding that the civil court had no jurisdiction.

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Matter requires consideration.

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The instant second appeal is admitted on the following substantial question of law:-

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"whether the first appellate court was justified in reversing the decree of trial court on the ground that civil court had no jurisdiction to grant a decree for cancellation of a sale deed?"

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Issue notice to the respondents.

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Steps be taken within two weeks by registered post.

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Summon the record of the lower appellate court as well as trial court.

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List for final hearing in the month of April, 2025.

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Until further orders of this Court, the parties are directed to maintain status quo with regard to nature, possession and revenue entries in respect of property forming subject matter of Original Suit No. 495 of 2010 (Janardhan Singh vs. Sudama Singh & Ors.). They shall also not create third party rights in respect thereto.

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Order Date :- 16.12.2024 Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Janardan Singh v. Smt Prabhavati Devi and 22 Others

Case brief

What is this about?

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Janardan Singh v. Smt Prabhavati Devi and 22 Others

Case brief

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What did the court decide?

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