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february 2009

Supreme Court of India · 2009-02-17

MADAN MOHAN MISHRA vs CHANDRIKA PANDEY (D) THR. LRS

Citation / case number
SC 2005/28744
Court
Supreme Court of India
Petitioner
MADAN MOHAN MISHRA
Respondent
CHANDRIKA PANDEY (D) THR. LRS
Author
S.B. Sinha
Bench
S.B. SINHA,MUKUNDAKAM SHARMA, , ,

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 regarding the setting aside of a deed of gift. The Court held that the deed of gift, which included both agricultural and non-agricultural properties, could be challenged in Civil Court as the jurisdiction is not barred for non-agricultural land. The Court ultimately upheld the High Court's decision allowing the writ petition, affirming that the deed of gift was void and not voidable under the provisions of the 1953 Act.

MADAN MOHAN MISHRA vs CHANDRIKA PANDEY (D) THR. LRS · Niyam