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january 2019

Supreme Court of India · 2019-01-29

PYARELAL vs SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA

Citation / case number
SC 2015/18279
Court
Supreme Court of India
Petitioner
PYARELAL
Respondent
SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the jurisdiction of civil courts to adjudicate disputes regarding agricultural land ownership, emphasizing that the mere filing of a suit in a revenue court does not preclude the civil court from exercising its jurisdiction under Section 151 of the Code of Civil Procedure, 1908. The Court clarified that jurisdictional questions should be determined after evidence is presented, and the dismissal of the defendants' application was affirmed. The appeal against the Rajasthan High Court's orders was dismissed, reinforcing the principle that civil courts can hear cases involving khatedari rights when properly invoked.

PYARELAL vs SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA · Niyam