Supreme Court of India · 2009-02-17
Madan Mohan Mishra vs Chandrika Pandey
- Citation / case number
- AIRONLINE 2009 SC 133
- Court
- Supreme Court of India
- Petitioner
- Madan Mohan Mishra
- Respondent
- Chandrika Pandey
- Author
- S.B. Sinha
- Bench
- Mukundakam Sharma, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the issue of whether the jurisdiction of Civil Courts is barred under Section 49 of the U.P. Consolidation of Holdings Act, 1953 concerning the setting aside of a deed of gift. The Court held that the jurisdiction is not barred, particularly when the deed involves non-agricultural properties, thus allowing the Civil Court to entertain the suit for cancellation of the deed. The judgment of the High Court was set aside, affirming the right of the appellant to seek relief in the Civil Court.