Land Dispute and Civil Suit Maintainability: Narendra Kumar Mittal vs. Nupur Housing Development

The case of Narendra Kumar Mittal & Ors vs. M/S Nupur Housing Development Pvt. Ltd. & Anr. revolved around a dispute concerning the cancellation of a sale deed. The Supreme Court was called upon to decide whether a civil suit seeking cancellation of a sale deed concerning agricultural land was maintainable under Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Nupur Housing Development Pvt. Ltd., the plaintiff in the original suit, had purchased the disputed property through five sale deeds in 1998. However, in 2006, the first defendant allegedly executed another set of sale deeds, transferring the same property to different buyers, including the second defendant. The plaintiff sought cancellation of the latter sale deeds and an injunction against interference with its possession.

Arguments of the Petitioner

The second defendant, Narendra Kumar Mittal, challenged the suit’s maintainability, arguing:

“The suit in respect of agricultural land is barred under Section 331 of the Act. The civil court does not have jurisdiction over matters concerning agricultural land, which must be decided by the Revenue Court.”

The petitioners further contended:

• The disputed land was agricultural, and any legal claims regarding its ownership should be adjudicated by the Revenue Court.
• Section 331 of the U.P. Zamindari Abolition and Land Reforms Act bars civil courts from entertaining such suits.
• The High Court erred in dismissing their plea, affirming the suit’s maintainability.

Arguments of the Respondent

Nupur Housing Development Pvt. Ltd. argued:

“The suit was not about agricultural rights but solely for the cancellation of a fraudulent sale deed. Civil courts have jurisdiction to grant relief in cases of fraud and misrepresentation.”

The respondent further contended:

• The suit was filed for the cancellation of a fraudulent sale deed, a matter well within the jurisdiction of civil courts.
• The plaintiff had not sought a declaration of title, which would have required proceedings in the Revenue Court.
• Revenue Courts do not have jurisdiction to grant relief in cases involving fraud.

Supreme Court’s Verdict

The Supreme Court, with Justices N.V. Ramana and S. Abdul Nazeer presiding, upheld the High Court’s ruling and dismissed the appeal. The Court observed:

“Section 331 of the Act does not deprive a party of its right to approach the civil court for getting a document cancelled, especially when, prima facie, the title of the recorded tenure holder is not under cloud. Revenue Court does not have jurisdiction to grant relief of cancellation of a deed on the ground of fraud and misrepresentation.”

The Court ruled:

• The bar under Section 331 applies only when a party seeks a declaration of rights as a tenure holder.
• A suit for cancellation of a fraudulent sale deed does not require the plaintiff to seek a declaration of ownership, making it maintainable in civil court.
• The High Court correctly upheld the civil court’s jurisdiction in the matter.

Key Takeaways from the Judgment

• Civil courts can entertain suits seeking cancellation of sale deeds based on fraud or misrepresentation.
• Revenue Courts have exclusive jurisdiction only when the issue pertains to agricultural land rights.
• The legal principle that exclusion of civil court jurisdiction must be explicitly stated in law was reaffirmed.
• Parties alleging fraudulent transactions have the right to approach civil courts for remedies.

This ruling clarifies the jurisdictional scope of civil and revenue courts in land disputes, particularly when fraud is alleged.

Petitioner Name: Narendra Kumar Mittal & Ors.
Respondent Name: M/S Nupur Housing Development Pvt. Ltd. & Anr..
Judgment By: Justice N.V. Ramana, Justice S. Abdul Nazeer.
Place Of Incident: Gautam Budh Nagar, Uttar Pradesh.
Judgment Date: 31-07-2019.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Narendra Kumar Mitta vs MS Nupur Housing De Supreme Court of India Judgment Dated 31-07-2019.pdf