Supreme Court of India · 1990-03-02
SMT. DULARIA DEVI vs JANARDAN SINGH & ORS.
- Citation / case number
- SC 1980/63231
- Court
- Supreme Court of India
- Petitioner
- SMT. DULARIA DEVI
- Respondent
- JANARDAN SINGH & ORS.
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that Section 49 of the U.P. Consolidation of Holdings Act, 1953 bars civil and revenue courts from adjudicating disputes that should be addressed under the Act. The plaintiff, misled into executing a sale deed instead of a gift deed due to fraudulent misrepresentation, was deemed to have executed a void transaction. Consequently, the court ruled that her suit for cancellation was not maintainable due to the bar under Section 49, affirming the High Court's decision that the remedy lies with the consolidation authorities.