Disposed

Sajjansingh v. Karansingh

Rajasthan HC4 Aug 2023CR/178/2022

Case brief

AI extract

What is this about?

In revision against a Civil Court holding it had jurisdiction over cancellation of sale deed and grant of compensation for acquired land, the High Court distinguished cited precedents. It upheld the jurisdiction for cancellation of sale deed but set aside the finding on ancillary compensation relief, holding such issues belong to the Land Acquisition Officer.

What did the court decide?

The finding that the Civil Court can grant relief for land/compensation is set aside; relief regarding acquisition to be decided by Land Acquisition Officer.

Sajjansingh Vs Karansingh — Land Acquisition | Rajasthan HC (2023)

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[2023:RJ-JD:24854]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Revision Petition No. 178/2022

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Sajjan Singh S/o Shri Shatrushal singh Ji, Aged About 75 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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LRs of Smt. Dheeraj Kanwar, W/o Shri Sajjan singh Through -

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2/1. Sajjan Singh S/o Shri Shatrushal Singh Ji, Aged About 75 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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2/2. Ranvijay Singh S/o Shri Sajjan singh, Aged About 42 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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2/3. Smt. Vinita @ Omprabha D/o Shri Sajjan singh, Aged About 46 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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Smt. Vinita @ Omprabha D/o Shri Sajjan Singh, Aged About 46 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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Ranvijay Singh S/o Shri Sajjan singh, Aged About 42 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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----Petitioners

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Versus

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Karan Singh S/o Shri Mahipal Singh, Aged About 45 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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Smt. Anju W/o Shri Bhumitradev Singh, Aged About 41 Years, D/o Shri Mahipal Singh, B/c Charan Aada, R/o Gram Panchetiya Tehsil Marwar Junction District Pali.

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Mahipal Singh S/o Shri Shatrushal Singh, Aged About 70 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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Smt. Suman Kanwar W/o Shri Mahipal Singh, Aged About 65 Years, By Caste Charan, R/o Kachahri Road, Balotra, District Barmer.

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Land Acquisition Officer, (Upper District Collector), Barmer.

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Nagar Palika Madal, (At Present Nagarparishad), Balotra Through 1. Executive Officer/commissioner. 2. Chairman, Nagarpalika Mandal (At Present Nagarparishad), Balotra.

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----Respondents

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For Petitioner(s)	: Mr.	Rameshwar Hedau
For Respondent(s)	: Mr.	Rakesh Kumar Chotia
	Mr.	Rajesh Parihar

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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04/08/2023

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The present revision petition has been preferred against order dated 23.09.2022 passed by the Senior Civil Judge No.1, Balotra in Civil Original Suit No.19/12 (679/14) whereby issue No.9 pertaining to jurisdiction of the Court has been decided against the defendants.

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The present was a suit filed by the plaintiffs for cancellation of sale deed executed in favour of the defendants with an averment that the land in question was sold out by their father to the defendants which could not have been sold by him as the same was purchased by the amount received on their birthdays. It was further averred that the land in question subsequently came under acquisition and hence, land/compensation in lieu of the acquired land be directed to be granted to the plaintiffs.

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An objection was raised by the defendants that the relief as prayed for by the plaintiffs could have been granted by the Land Acquisition Officer only and not by the Civil Court and therefore,

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the suit for the reliefs as prayed for is not maintainable before the Civil Court.

¶34

On basis of the pleadings as made, along with the other issues, a specific issue regarding jurisdiction was also framed as under :

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“vk;k vokfIr o vokIrlqnk Hkwfe ds laca/k esa flfoy U;k;ky; dks dksbZ {ks=kf/kdkj gkfly ugha gS\”

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While deciding issue No.9, the Court below specifically held that the main relief of the plaintiffs in the present suit is for cancellation of the sale deed and the same can be granted by the Civil Court only. The Court further held that the relief regarding the grant of land/compensation in lieu of the acquired land is an ancillary relief which can also be granted by the Civil Court only.

¶37

Learned counsel for the petitioners, while submitting that the suit was not maintainable before the Civil Court, relied upon the decisions of the Hon’ble Supreme Court rendered in the matters of Rajasthan Housing Board & Anr. Vs. Chandi Bai & Ors., 2019 DNJ (SC) 7 and V. Chandrasekaran & Anr. Vs. The Administrative Officer & Ors., 2013(1) Civil Court Cases 075 (S.C.).

¶38

Heard learned counsel for the parties and perused the material available on record.

¶39

Admittedly, in the present matter, earlier a suit before the Revenue Court was preferred by the plaintiffs which was dismissed holding the same to be not maintainable before the Revenue Court as relief of cancellation of sale deed had been prayed for which

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was not amenable to the jurisdiction of the Revenue Court. After dismissal of the said suit by the Revenue Court in the year 2010, the present suit before the Civil Court was preferred.

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So far as the finding of the Court below regarding the relief for cancellation of the sale deed to be within the jurisdiction of the Civil Court is concerned, this Court is of the specific opinion that the same is totally in consonance with law.

¶45

It is the settled position of law that a relief for cancellation of sale deed can be granted by Civil Court only. The finding as arrived by the Court below to that extent cannot be interfered with.

¶46

Coming on to the judgments relied upon by counsel for the petitioners, Chandi Bai (supra) was a matter wherein acquisition itself was under challenge and Hon’ble Apex Court held that the relief as prayed for could not be granted by the Civil Court.

¶47

In V. Chandrasekaran (supra), Hon’ble Supreme Court Court held that the land once vested by virtue of acquisition, cannot be divested.

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In the opinion of this Court, the ratio of both the judgments would not apply to the present matter as herein, neither the acquisition proceedings are under challenge nor has any relief for divesting the acquired land has been prayed for.

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So far as the finding given by the Court below that the relief of grant of land/compensation qua the acquired land can also be granted by the Civil Court is concerned, the same is set aside not being in consonance with law. The issue/relief, if any, for grant of compensation or land in lieu of acquired land can be

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adjudicated, decided and determined by the Land Acquisition Officer in terms of Land Acquisition Act only. The said relief cannot be granted by the Civil Court.

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In view of the above discussion, this Court is of the clear opinion that a suit for cancellation of sale deed would definitely be amenable to the jurisdiction of a Civil Court. So far as the ancillary relief is concerned, the Court below would be at liberty to pass appropriate orders at appropriate stage.

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With the above observations, the revision petition is disposed of .

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The stay petition and the pending applications, if any, also stand disposed of .

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(REKHA BORANA),J

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vij39/-

Sajjansingh v. Karansingh

Case brief

What is this about?

What did the court decide?

Sajjansingh v. Karansingh

Case brief

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