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.