MAHANT DOOJ DAS (DEAD) THROUGH LR. versus UDASIN PANCHAYATI BARA AKHARA & ANR.

Citation: [2008] 7 S.C.R. 470 · Decided: 01-05-2008 · Supreme Court of India · Bench: P.P. NAOLEKAR · Disposal: Case Allowed

Judgment (excerpt)

[2008] 7 S.C.R. 470 
A 
MAHANTDOOJ DAS(DEAD)THROUGH LR. 
A 
...._ 
v 
UDASIN PANCHAYATI BARA AKHARA & ANR. 
(Civil Appeal No.5060 of 2007) 
B 
MAY 1, 2008 
[P.P. NAOLEKAR AND AFTAB ALAM, JJ.] 
). 
Uttar Pradesh Zamindari Abolition and Land Reforms 
Act, 1950 - s.331 -Applicability of- Jurisdiction of civil court 
c - Held: No evidence led by defendants that suit land was 
· demarcated under s. 5 and as such vested in State 
Government - Hence s.331 of 1950 Act not applicable -
Unless land is vested in State Government, s.331 would have 
no application to oust jurisdiction of civil court - Burden lies 
; 
D. on defendants to prove that suit lands were demarcated which 
they failed to discharge - Uttar Pradesh Urban Areas 
Zamindari Abolition and Land Reforms Act, 1956 - ss. 5 and 
8. 
""1 
Code of Civil Procedure, 1908 : 
~
E 
s. 100 - Finding arrived at by trial court and first appellate 
court that plaintiff was initiated as the eldest chela of Mahant 
) 
and was successor in respect of the suit property of Mahant -
High Court framed substantial questions of law as to whether 
civil court has jurisdiction and whether suit was barred by 
F limitation - High Court held that suit was not maintainable 
before civil court- On appeal, Held: Neither any other question 
... 
'...
of law framed by High Court nor any other question decided 
by courts below put to challenge by framing substantial 
question of law - Hence finding of courts below regarding 
G plaintiff being successor of suit property attained finality. 
s. 100(5), proviso - Powers under - Exercise of - Held: 
Power of High Court to hear appeal on question of law not 
formulated is conferred by virtue of proviso to sub-section (5) 
~ -
of s. 100, but to apply provision of proviso it is necessary 
H 
470 
;
' 
MAHANT DOOJ DAS (DEAD) THROUGH LR. v. 
471 
UDASIN PANCHAYATI BARAAKHARA & ANR. 
condition that High Court feels satisfied that case involves such A 
question on which hearing has to given to the parties although 
such substantial question of law has not been framed and 
secondly the High Court records its reasons for its satisfaction. 
Appeal - Before Supreme Court - New plea - Raising B 
of - Permissibility of - Held: Not permissible. 
The Mahant 'TD' was Udasin of a Panth. He acquired 
the suit properties by permanent leases and was in 
occupation thereof. The plaintiff-appellant filed suit for 
declaration of title and cancellation of the sale deeds on c 
the ground that after the death of Mahant 'TD' he being 
the eldest chela acquired the right and interest in the suit 
properties and one 'BO' claimed himself to be chela of 
Mahant 'TD' and transferred the rights under the leases 
to defendant no.1 through defendant no.2. The trial court D 
decreed the suit, which was affirmed by the First Appellate 
Court. 
... ~ 
High Court reversed the order of Trial Court and First 
Appellate Court holding that by virtue of expression 
"which have been so demarcated under s.5 of the U.P. 
E 
Urban Areas Zamindari Abolition and Land Reforms Act, 
1956" contained in the notification, indicate that the 
demarcation was made before the notification under s.8 
of the 1956 Act was issued; thatthe land in question stood 
vested in the State of U.P. w.e.f. 1. 7 .1963; thatthe suit being 
F 
,.. 
basically for declaration of the title and the cancellation 
of the sale deed in respect of the agricultural area under 
the 1956 Act is an ancillary relief and the real question 
between the parties was of title in respect of agricultural 
area covered under the 1956 Act; and that in view of the G 
provisions of s.82 of the 1956 Act read with s.331 of the 
U.P. Zamindari Abolition and Land Reforms Act, 1950, the 
suit before the civil court between the parties was not 
'(_ 
maintainable before the civil court. 
! 
The prime question for consideration before this H 
472 
SUPREME COURT REPORTS 
(2008] 7 S.C.R. 
A court is whether the land in suit would be covered and 
governed under the 1956 Act so as to apply the provisions 
of s.331 of 1950 Act to oust the jurisdiction of the civil court. 
Allowing the appeal, the Court 
B 
HELD: 1. The Uttar Pradesh Urban Areas Zamindari 
Abolition and Land Reforms Act, 1956 received the assent 
of the President on 7.3.1957 and was published in the U.P. 
Gazette Extraordinary dated 12.3.1957. The Act was 
brought into force to provide for the abolition of Zamindari 
C system in agricultural areas situated in urban areas of U.P. 
and for acquisit

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