PYARELAL versus SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS.
[2019] 1 S.C.R. 717, Supreme Court of India, 2019
Outcome: Dismissed (Dismissed)
Segment: Ratio
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PYARELAL
v.
SHUBHENDRA PILANIA (MINOR) THROUGH
NATURAL GUARDIAN (FATHER) SHRI PRADEEP
      KUMAR PILANIA & ORS.
(Civil Appeal Nos. 1269-70 of 2019)
JANUARY 29, 2019
[U. U. LALIT AND
DR.  DHANANJAYA  Y CHANDRACHUD, JJ.]
Code of Civil Procedure, 1908:
s. 9  – Jurisdiction of civil court  – Whether barred  – For
trying suit in respect of agricultural land for relief to declare the
gift deed void and to restrain respondent Nos. 1 to 5 from alienating
the property – While the suit of plaintiff before Revenue Court for
declaration of ‘Khatedari’ rights in respect of suit property was
pending – Held: Claim of the plaintiff to ‘Khatedari’ rights was
pending adjudication, by the Revenue Court which had exclusive
jurisdiction to adjudicate upon such claim in view of s. 207 r/w s.
256, s. 88 and Third Schedule of Tenancy Act – The plaintiff had
no right to seek relief before the civil court without first getting his
‘Khatedari’  rights decreed by the Revenue Court  – Rajasthan
Tenancy Act, 1955 – ss. 207, 256, 88 and Third Schedule.
Appellant-plaintiff filed a suit for declaring gift deed in
respect of suit property (an agricultural land) as void and for
restraining the defendants (respondent Nos. 1 to 5) from alienating
the suit property. Appellant had also filed suit before Revenue
Court for declaration of his ‘Khatedari’ rights. Respondent Nos.
1 to 3 filed an application u/Or. VII r. 11 r/w s. 151 CPC contending
that civil court had no jurisdiction to try the
suit. Trial court
dismissed the application. High Court allowed the Revision
holding that the suit was barred by the provisions of Rajasthan
Tenancy Act, 1955. Hence the present appeal.
Dismissing the appeals, the Court
HELD: 1. Section 207 read with Section 256 of the Rajasthan
Tenancy Act bars the jurisdiction of the civil courts in respect of
[2019] 1 S.C.R. 717
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suits and applications of the nature specified in the Third Schedule
to the Tenancy Act. Sl. No. 5 in the Third Schedule read with
Section 207 of the Tenancy Act stipulates that a suit for the
declaration of a right provided in Section 88 would lie before a
revenue court. In a suit where the relief sought for is the
declaration of the right stipulated in Section 88, Sections 207 and
256 read with the Third Schedule bar the jurisdiction of civil courts
and vest jurisdiction exclusively with a revenue court. [Paras 14 ,
15][726-A-B; 727-A-B]
2. The civil court may decree the relief prayed (declaration
of gift deed in respect of suit property void) only if it is first
determined that the appellant is entitled to khatedari rights in
the suit property. Under the provisions of the Tenancy Act, the
jurisdiction to declare khatedari rights vests exclusively with the
revenue courts. Only after such determination may the civil court
proceed to decree the relief as prayed. The explanation to Section
207 clarifies that if the cause of action in respect of which relief is
sought can be granted only by the revenue court, then it is
immaterial that the relief asked from the civil court is greater
than, or in addition to or not identical with the relief which the
revenue court would have granted. In view of this matter, the
civil court may not grant relief until the khatedari rights of the
appellant have been decreed by a revenue
court. [Para 18][728-
E-G]
3. Where the khatedari rights are yet to be decreed, a
claimant must first approach the revenue courts. The relief to
declare the gift deed void and to restrain respondents Nos. 1 to
5 from interfering with or alienating the property vesting in a
civil court may be sought for in a suit by a claimant in whom
khatedari rights have been decreed by a revenue court. [Para
19][728-G-H; 729-A]
4. A recorded khatedar stands on a different footing
compared to a claimant seeking a decree of their khatedari rights.
A claimant seeking a decree of khatedari rights is barred from
filing a suit in the civil court prior to their khatedari right being
decreed by a revenue court when the relief sought for by the
civil court includes a determination of khatedari rights. [Para
21][730-C-D]
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5. In the present case, the High Court has proceeded on
the basis that the suit seeking a declaration of the gift deed relating
to disputed agricultural land as void and restraining Respondent
Nos. 1 to 5 from transfer or sale of the agricultural land before
the civil court is squarely covered by the bar to the jurisdiction
of the civil court under the provisions of the Tenancy Act. The
claim of the appellant to khatedari rights is pending adjudication
by a revenue court which has the exclusive jurisdiction to
adjudicate upon such a claim. The appellant has no right to seek
relief before the civil court without first getting his khatedari rights
decreed by the revenue court. [Para 22][730-D-F]
Bank of Baroda v. Moti Bhai (1985) 1 SCC 475 : [1985]
2 SCR 784; Shri Ram v. A D J  (2001) 3 SCC 24 :
[2001] 1 SCR  984 – relied on. 
Case Law Reference
[1985]  2 SCR 784
relied on
Para 14
[2001]  1 SCR  984 
relied on
Para 20
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1269-
1270 of 2019.
From the Judgment and Order dated 13.11.2014 and 02.03.2015
of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur  in
S.B. Civil Revision Petition No. 117 of 2013 and S.B. Civil Review Petition
No. 1 of 2015 in S.B. Civil Revision Petition No. 117 of 2013 respectively.
Annam D. N. Rao, Annam Venkatesh, Sudipto Sircar, Rahul
Mishra, Advs. for the Appellant.
Ms. Aishwarya Bhati, Ms. Chitrangda Rastravara, Shaurya Singh
Rathore, Damodar Solanki, Vaidruti Mishra,
Suresh Pandey, Advs. for
the Respondent.
The Judgment of the Court was delivered by
DR.  DHANANJAYA Y CHANDRACHUD, J. 1. Leave
granted.
2. The appeals in the present case arise from two orders dated 13
November 2014 and 2 March 2015 of the Rajasthan High Court in
exercise of its revisional jurisdiction. By an order dated 13 November
2014, the learned Single Judge of the High Court allowed the revision
petition filed by the respondents. The challenge was to an order dated
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR.
NATURAL GUARDIAN (FATHER)
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26 August 2013 of the Additional Civil Judge (Junior Division), Sikar
rejecting the objection to the jurisdiction of the civil court to try the suit
filed by the appellant. The appellant filed a petition for review before the
High Court. The learned single Judge dismissed the petition on 2 March
2015.
3. The family tree of the appellant is depicted below:
The Sub-Registrar and Tehsildar are respondent Nos. 4 and 5
respectively.
4. The appellant alleged that on the death of Mangalram and
Rukma Devi, the agricultural land in question devolved upon respondent
No. 3 and his sister Kushali Devi (mother of the Plaintiff) in equal shares.
Kushali Devi died intestate and her share devolved upon her children –
the appellant and respondent Nos. 7 to 10 in equal measure. The appellant
and respondent Nos. 7 to 10 claim to be in possession of their share in
the suit property. The appellant alleged that respondent Nos. 2 and 3
colluded with the Sarpanch of the village and got the name of respondent
No. 3 recorded as the owner of the land belonging to the appellant and
respondent Nos. 7 to 10. Thereafter, respondent Nos. 2 and 3 registered
a gift deed dated 10 February 2011 in favour of respondent No. 1.
5. On 13 March 2012, the appellant filed a civil suit1 against the
respondents praying that the gift deed dated 10 February 2011 be declared
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void to the extent of the share claimed by the appellant and that respondent
Nos. 1 to 5 be restrained from alienating the suit property. Respondent
Nos. 1 to 3 filed an application under Order VII Rule 11 read with Section
151 of the Code of Civil Procedure 19082contending that the appellant,
who is not a recorded khatedar of the suit land, had filed a suit before
the revenue court for the declaration of his khatedari right and the suit
preferred by the appellant before the Trial court was liable to be dismissed.
In reply, the appellant admitted that a suit had been filed before the
revenue court for the declaration of his khatedari right but contended
that the civil court had jurisdiction to grant the relief sought.
6. On 26 August, 2013, the Trial court dismissed the application,
taking the view that any conclusion on the question of jurisdiction can
only be drawn after framing preliminary issues and recording evidence
of the parties. The objections were dismissed by Trial court with the
following observations:
“6. So far as present application is concerned, in the said application,
the first ground taken by the defendants is that the plaintiff and
the defendant Nos.7 to 10 are not recorded kashtkar of the
disputed land and they have already filed suit in the revenue court
for getting their khatedari right declared. Therefore, civil courts
have no jurisdiction to try the present suit.
7. In this context, the defendants cited Rukmani v Bhola and others
(SB Civil Misc. Appeal No. 553/1993) dated 20.12.2011, while
plaintiff cited DNJ 2013(1) Rajasthan 358. In the citation of the
defendants, though the Hon’ble High Court has set this principle
that if the relief of declaring any document ineffective and void is
sought for and in pith and substance, the suit is related with
khatedari rights, then revenue court would have jurisdiction to
try the suit because until and unless revenue court has not declared
khatedari rights, the civil court cannot declare the document void.
Though in the citation cited by the defendants as stated above,
the suit must be related for the declaration of basic khatedari
rights, then only the jurisdiction is vested unto the revenue court,
but if we carefully peruse the said citation then in that case the
trial court has framed issues on the basis of pleadings of the plaint
and written statement of the parties and thereafter recording
evidence of the parties on the preliminary issue, the suit has been
 2 “The Code”
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR. NATURAL
GUARDIAN (FATHER) [DR. DHANANJAYA Y CHANDRACHUD, J.]
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returned back for filing in the concerned court in view of Order
VII Rule 11 CPC. In the present case, issues are yet to be framed.
The plaintiff has pleaded in the plaint that his mother has one half
share in the suit land hence on this point any conclusion can be
drawn only after framing a preliminary issue and recording evidence
of the parties.”
7. Respondent Nos. 1 to 3 challenged the order of the Trial court
in revision under Section 115 of the Code. The Rajasthan High Court
allowed the revision by its judgement dated 13 November 2014. Relying
on the averments in the plaint, the High Court held that the suit was
barred by the provisions of the Rajasthan Tenancy Act, 1955.3The High
Court observed thus:
“Apparently and looking to the prayer of the plaintiff in the Trial
court, it can easily be said that the suit was triable only by the
revenue court under the provisions of Section 88 and Section 207
of the Act of 1955 and hence it can further be said that the suit
from the averment in the plaint appears to be barred under the
provisions of the Act of 1955 and the suit should have been rejected
on that count alone under the provisions of Order VII Rule 11(d)
of Code of Civil Procedure and hence the order dated 26.8.2013
passed by Additional Civil Judge (Jr. Div.) No.2, Sikar in Civil Suit
No.62/2012 B.T. No.20/12 deserves to be quashed and set aside
which is hereby quashed and set aside.”
The review petition
preferred by appellant was dismissed.
8. Assailing the decision of the High Court, learned counsel for
the appellant urged the following submissions:
(i) The relief claimed in the suit is not covered under Section 207
and the Third Schedule of the Tenancy Act and a civil court
has jurisdiction to decide the existing dispute; and
(ii) A suit before a civil court is maintainable even though a suit
for declaring khatedari rights has been filed before the revenue
court.
9. On the other hand, learned counsel for the respondents has
urged the following submissions:
 3 Tenancy Act
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i) The jurisdiction of a civil court is barred in respect of suits and
applications of the nature specified in the Third Schedule of
the Tenancy Act;
ii) Acivil court has no jurisdiction to entertain a suit or proceeding
with respect to any matter arising under the Tenancy Act or
the Rules made under it, provided that a remedy by way of a
suit, application or appeal or otherwise is provided in the Act;
and
iii) The issue of jurisdiction travels to the root of or to the inherent
lack of jurisdiction.
10. These submissions fall for our consideration.
11. Section 9 of the Code of Civil Procedure provides thus:
“9. Courts to try all civil suits unless barred - The Courts
shall (subject to the provisions herein contained) have jurisdiction
to try all suits of a civil nature excepting suits of which their
cognizance is either expressly or impliedly barred.
Explanation I - A suit in which the right to property or to an office
is contested is a suit of a civil nature, notwithstanding that such
right may depend entirely on the decision of questions as to religious
rites or ceremonies.
Explanation ll - For the purposes of this section, it is immaterial
whether or not any fees are attached to the office referred to in
Explanation I or whether or not such office is attached to a
particular place.”
Section 9 empowers civil courts to try all suits of a civil nature
unless expressly or impliedly barred by any statute.
12. Section 256 of the Tenancy Act provides thus:
“256. Bar to jurisdiction of civil courts — (i) Save as otherwise
provided specifically by or under this Act, no suit or proceeding
shall lie in any civil court with respect to any matter arising under
this Act or the rules made thereunder, for which a remedy by way
of suit, application, appeal or otherwise is provided therein.
(2) Save as aforesaid no order passed by the State Government
or by any revenue court or officer in exercise of the powers
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR. NATURAL
GUARDIAN (FATHER) [DR. DHANANJAYA Y CHANDRACHUD, J.]
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conferred by this Act or the rules made thereunder, shall be liable
to be questioned in any civil court.”
Section 256 bars the jurisdiction of civil courts, save as otherwise
provided under the Tenancy Act. Civil courts are expressly barred from
trying a suit or proceeding with respect to matters arising under the
Tenancy Act or rules made under it for which a remedy by way of a suit,
application, appeal or otherwise is provided in the Tenancy Act.
13. Section 207 of the Tenancy Act provides thus:
“207. Suits and applications cognizable by revenue court
only—
(1) All suits and applications of the nature specified in the Third
Schedule shall be heard and determined by a revenue court.
(2) No court other than a revenue court shall take cognizance of
any such suit or application or of any suit or application based on
a cause of action in respect of which any relief could be obtained
by means of any such suitor application.
Explanation.— If the cause of action is one in respect of which
relief might be granted by the revenue court, it is immaterial that
the relief asked for from the civil court is greater than, or additional
to, or is not identical with, that which the revenue court could
have granted.”
Section 207 of the Tenancy Act states that no court other than a
revenue court shall take cognizance of suits and applications of the nature
specified in the Third Schedule. Such suits can be heard and determined
by a
revenue court which has exclusive jurisdiction. The explanation
clarifies that if the cause of action is one in respect of which relief may
be granted by the revenue court, then it is immaterial that a relief sought
from the civil court is greater than, in addition to or not identical to the
relief sought from the revenue court. Where a suit is of a nature specified
in any of the provisions of the Third Schedule, the bar under Section 256
is attracted and the revenue courts have exclusive jurisdiction to try the
suit.
14. In Bank of Baroda v Moti Bhai4, a two judge Bench of this
Court dealt with the question of jurisdiction under Sections 207 and 256
 4 (1985) 1 SCC 475
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of the Tenancy Act. A bank had sanctioned a demand loan facility to the
respondent for which the respondent executed a promissory note and a
simple mortgage in favour of the bank. On his failure to repay the loan,
the Bank instituted a suit in the civil court for recovery. The respondent
raised a preliminary objection that the suit was essentially one for enforcing
the mortgage and that the revenue court had the exclusive jurisdiction to
entertain the suit by reason of the provisions contained in the Tenancy
Act. The Trial court dismissed the objection. Allowing the revision filed
by the respondent, the High Court held that that the mortgage deed in
respect of agricultural lands formed an essential part of the cause of
action. Upon an analysis of Sections 207 and 256 of the Tenancy Act, a
two judge Bench of this Court set aside the judgment of the High Court
with the following reasons:
“5. A combined reading of these two sections would show
that the jurisdiction of civil courts is barred only in respect
of suits and applications of the nature specified in the Third
Schedule to the Act and in respect of suits or applications
based on a cause of action in respect of which any relief
could be obtained by means of a suit or application of the
nature specified in the Third Schedule. The civil court has
no jurisdiction to entertain a suit or proceeding with respect
to any matter arising under the Act or the Rules made
thereunder, provided that a remedy by way
of a suit,
application or appeal or otherwise is provided in the Act.
A loan given by a Bank to an agriculturist, which is in the nature
of a commercial transaction, is outside the contemplation of the
Act and can, by no stretch of imagination, be said to be in respect
of any matter arising under the Act…The business of the Bank,
in so far as lending transactions are concerned, is not to lend
moneys on mortgages but the business is to lend moneys.
8. On the question of jurisdiction, one must always have
regard to the substance of the matter and not to the form of
the suit. If the matter is approached from that point of view, it
would be clear that, primarily and basically, the suit filed by the
Bank is one for recovering the amount which is due to it from the
respondents on the basis of the promissory note executed by
respondent 1 and the guarantee given by respondents 2 and 3.”
   (Emphasis supplied)
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR. NATURAL
GUARDIAN (FATHER) [DR. DHANANJAYA Y CHANDRACHUD, J.]
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Section 207 read with Section 256 of the Tenancy Act bars the
jurisdiction of the civil courts in respect of suits and applications of the
nature specified in the Third Schedule to the Act. The question before
us is whether the relief claimed by the appellant can be granted exclusively
by a revenue court under the provisions of the Tenancy Act.
15. Section 88 of the Tenancy Act provides thus:
“88. Suits for declaration of right:-
(1) Any person claiming to be a tenant or a co-tenant may sue for
a declaration that he is a tenant or for a declaration of his share in
such joint tenancy.
(2) A tenant of Khudkasht may sue for a declaration that he is
such a tenant.
(3) A sub-tenant may sue the person from whom he holds for
declaration that he is a sub-tenant.
(4) A landholder other than a State Government may sue a person
claiming to be a tenant or co-tenant of a holding or a tenant of
Khudkasht or a sub-tenant for a declaration of the right of such
person.”
Sl. No. 5 of the Third Schedule provides thus:
“THE THIRD SCHEDULE
Suits, Applications and Appeals under the Act
(See Sections 207, 214, 215 & 217)
        “
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Sl. No. 5 in the Third Schedule read with Section 207 of the
Tenancy Act stipulates that a suit for the declaration of a right provided
in Section 88 would lie before a revenue court. In a suit where the relief
sought for is the declaration of the right stipulated in Section 88, Sections
207 and 256 read with the Third Schedule bar the jurisdiction of civil
courts and vest jurisdiction exclusively with a revenue court.
16. It is admitted that the suit property is agricultural property and
the appellant has filed a suit before the revenue court for the declaration
of his khatedari rights.
17. Order VII Rule 11(d) of the Code provides thus:
“11. Rejection of plaint. – The plaint shall be rejected in the
following cases:-
(a)
…
(b)
…
(c)
…
(d)Where the suit appears from the statement in the plaint to
be barred by any law;”
A plaint shall be rejected where the suit appears from the
averments made in the plaint to be barred by any law. To determine
whether the relief sought by the appellant before the Trial court is a
relief that may be granted by a revenue court and is consequently barred
under the provisions of the Tenancy Act, the prayer in the plaint before
the Trial court may be examined. The prayer reads thus:
“a) That the suit may be decreed in favour of the plaintiff and
against defendants No. 1 to 3 and the gift deed executed and
registered on 10.2.2011 at Book No. 1 Volume No. 737, Page No.
53, Sr. No. 2011001797 in the Office of Sub Registrar Sikar
may
kindly be declared as exhibitory, illegal, ab-initio, void and ineffective
and may be cancelled to the extent of ½ share of the defendant
and plaintiff Nos. 7 to 10 in the agricultural land comprised Khasra
No. 395 Rakba 0.24 Hectare, Khasra No 395 Rakba 0.24 Hectare,
Khasra No. 410 Rakba0.87 Hectare situated in Village Ajeetpura,
Tehsil and District Sikar and for putting a note to this effect on the
gift deed; a copy of the judgment and decree may kindly be
forwarded to the Sub Registrar, Sikar;
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR. NATURAL
GUARDIAN (FATHER) [DR. DHANANJAYA Y CHANDRACHUD, J.]
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(b) That defendant Nos. 1 to 5 may kindly be restrained not to
transfer, mortgage, damage, sale or transfer the ½ share of the
agricultural land which is in possession and cultivation of the plaintiff
and defendant Nos. 7 to 10 out of the land of Khasra No. 395
Rakba 0.24 Hectare and Khasra No. 410 Rakba 0.87 Hectare
situated in village Ajeetpura, Tehsil and District Sikar described in
the said gift deed and not to disturb their cultivatory possession
and not to raise any construction thereon and not to mortgage,
gift, transfer or create any charge and not to transfer the same
and not to register any mortgage deed and not to change the
revenue records on the basis of the gift deed in question and further
not to do such acts through his agents, servants and representatives
etc. in any manner;
(c) That cost of the suit may be granted in favour of the plaintiff
and against the defendant Nos. 2 and 3;
(d) Any other relief which this Hon’ble Court may deem fit and
proper be also passed in favour of the plaintiff.”
18. The appellant has prayed that the gift deed dated 10 February,
2011 be declared void to the extent of the share claimed by the appellant
and that respondent Nos. 1 to 5 be restrained from alienating the share
of the appellant. The civil court may decree the relief prayed only if it is
first determined that the appellant is entitled to khatedari rights in the
suit property. Under the provisions of the Tenancy
Act, the jurisdiction
to declare khatedari rights vests exclusively with the revenue courts.
Only after such determination may the civil court proceed to decree the
relief as prayed. The explanation to Section 207 clarifies that if the cause
of action in respect of which relief is sought can be granted only by the
revenue court, then it is immaterial that the relief asked from the civil
court is greater than, or in addition to or not identical with the relief
which the revenue court would have granted. In view of this matter, the
civil court may not grant relief until the khatedari rights of the appellant
have been decreed by a revenue court.
19. A claimant whose khatedari rights have been decreed by a
revenue court is however on a different footing from a claimant whose
khatedari rights are pending adjudication by a revenue court. Where
the khatedari rights are yet to be decreed, a claimant must first approach
the revenue courts. The relief to declare the gift deed void and to restrain
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respondents Nos. 1 to 5 from interfering with or alienating the property
vesting in a civil court may be sought for in a suit by a claimant in whom
khatedari rights have been decreed by a revenue court.
20. In Shri Ram v ADJ5, a suit was filed before the civil court for
the cancellation of a sale deed of an agricultural land on the grounds of
fraud and impersonation. The defendant contended that the suit is barred
by Section 331 of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950which reads thus:
“331. Cognizance of suits etc. under this Act. – (1) Except as
provided by or under this Act, no Court other than a Court
mentioned in Column 4 of Schedule II shall, notwithstanding
anything contained in the Civil Procedure Code, 1908 (V of 1908),
take cognizance of any suit, application, or proceedings mentioned
in Column 3 thereof or of a suit, application or proceedings based
on a cause of action in respect of which any relief could be obtained
by means of any such suit or application;
…
Explanation.- If the cause of action is one in respect of which
relief may be granted by the revenue Court, it is immaterial that
the relief asked for from the civil Court may not be incidental to
that which the revenue Court would have granted.”
The question before this court was whether a recorded tenure-
holder having prima facie title in his favour and in possession was required
to file a suit in the revenue court, or where the civil court had jurisdiction
to entertain and decide the suit seeking relief of cancellation of a void
document. Upholding the jurisdiction of civil court to try the suit, a two
judge Bench of this Court differentiated between a recorded tenure holder,
and an unrecorded tenure holder with the following observations:
“7. …we are of the opinion that where a recorded tenure holder
having a prima facie title and in possession files suit in the civil
court for cancellation of sale deed having obtained on the ground
of fraud or impersonation cannot be directed to file a suit for
declaration in the revenue court - reason being that in such a
case, prima facie, the title of the recorded tenure holder is not
under cloud. He does not require declaration of his title to the
 5 (2001) 3 SCC 24
PYARELAL v. SHUBHENDRA PILANIA (MINOR) THR. NATURAL
GUARDIAN (FATHER) [DR. DHANANJAYA Y CHANDRACHUD, J.]
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land. The position would be different where a person not being a
recorded tenure holder seeks cancellation of sale deed by filing a
suit in the civil court on the ground of fraud or impersonation.
There necessarily the plaintiff is required to seek a declaration of
his title and, therefore, he may be directed to approach the revenue
court, as the sale deed being void has to be ignored for giving him
relief for declaration and possession.”
21. Though the above principles emerge in the context of the bar
under Section 331 of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950, the logic of the judgment extends to the bar under
Section 207 read with Section 256 of the of the Tenancy Act.  A recorded
khatedar stands on a different footing compared to a claimant seeking
a decree of their khatedari rights. A claimant seeking a decree of
khatedari rights is barred from filing a suit in the civil court prior to their
khatedari right being decreed by a revenue court when the relief sought
for by the civil court includes a determination of khatedari rights.
22. In the present case, the High Court has proceeded on the
basis that the suit seeking a declaration of the gift deed relating to disputed
agricultural land situated in Sikar as void and restraining Respondent
Nos. 1 to 5 from transfer or sale of the agricultural land before the civil
court is squarely covered by the bar to the jurisdiction of the civil court
under the provisions of the Tenancy Act. The claim of the appellant to
khatedari rights is pending adjudication by a revenue court which has
the exclusive jurisdiction to adjudicate upon such a claim. The appellant
has no right to seek relief before the civil court without first getting his
khatedari rights decreed by the revenue court.
23. For the above reasons, we find that there is no merit in the
challenge preferred by the appellant to the impugned judgment and order
of the High Court. The appeals shall, accordingly stand dismissed. There
shall be no order as to costs.
Kalpana K. Tripathy
              Appeals dismissed.