Narendra Kumar Mittal v. M/s Nuper Housing Development Pvt. Ltd. C.A. No. 5979 of 2019 SC

SUPREME COURT OF INDIA | N.V. Ramana & S. Abdul Nazeer, JJ. Narendra Kumar Mittal v. M/s Nuper Housing Development Pvt. Ltd. C.A. No. 5979 of 2019 31-07-2019

Land Law – Revenue Court does not have jurisdiction of granting relief of cancellation of a deed on the ground of fraud and misrepresentation.

The U.P. Zamidari Abolition and Land Reforms Act, 1950 – Section 331 – Maintainability of the Suit – Suit for cancellation of Sale Deed – Section 331 of the Act does not deprive a party of his right to approach competent court of law for getting a document cancelled, especially when, prima facie, the title of the recorded tenure holder is not under cloud.

In the instant case, since the plaintiff claims title under sale deeds of 1998 executed by the first defendant, it need not be forced to seek a declaration of its title. Therefore, the plaintiff had filed a suit for cancellation of the subsequent sale deed executed by the first defendant in favour of the second defendant. Hence, there is no bar under Section 331 of the Act for the plaintiff to approach the civil court and the suit filed by it was maintainable.

Petitioner’s Advocate : Garvesh Kabra