Krishna Prasad and 8 Others v. Dev Suman and 6 Others
Second Appeal – Suit for permanent and mandatory injunction over agricultural land
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Rajnish Kumar, J.), Second Appeal No. 33 of 2025, Krishna Prasad & 8 others v. Dev Suman & 6 others, decided 14.2.2025. Appeal against concurrent dismissal of suit for permanent and mandatory injunction restraining construction on undemarcated agricultural land. Held: shares determined in consolidation proceedings, only demarcation remained; suit not maintainable before civil court, equally efficacious remedy available, Section 41-H Specific Relief Act; no substantial question of law; appeal dismissed.
What did the court decide?
The suit is not maintainable before the civil court as it is in respect of agricultural property; shares having been determined in consolidation proceedings with only demarcation remaining, the appellants have an equally efficacious remedy, and the suit is not maintainable under Section 41-H of the Specific Relief Act.