Supreme Court of India · 2019-01-29
Pyarelal vs Shubhendra Pilania (Minor) Through ...
- Citation / case number
- AIRONLINE 2019 SC 2377
- Court
- Supreme Court of India
- Petitioner
- Pyarelal
- Respondent
- Shubhendra Pilania (Minor) Through ...
- Bench
- Dhananjaya Y Chandrachud, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court upheld the jurisdiction of civil courts to adjudicate disputes regarding agricultural land ownership, emphasizing that the question of jurisdiction should be determined after framing preliminary issues and recording evidence, as per the principles established in Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court noted that the dismissal of the appellant's objection to jurisdiction by the Trial Court was justified, and the High Court's orders were set aside, allowing the civil suit to proceed. The judgment reinforces the principle that civil courts can entertain suits related to khatedari rights provided the necessary preliminary issues are addressed.