CiteTEXT
...respondents have opposed the petition submitting that revenue courts have no jurisdiction to order mutation on the basis of Will and before the trial court they were unsuccessful.
.... Perused the record.
7. It is trite law that revenue courts have no jurisdiction to order mutation on the basis of Will and before the civil Court they were unsuccessful finally and...
This miscellaneous petition is preferred challenging the order dated 27.11.2019 (Anneuxre P/8) in revision no.PBR/Nigrani/Barwani/Land Revenue/2018/1416 by respondent No.3...
...land is not let or held for agricultural purposes and therefore the revenue Courts have no jurisdiction, The decision of the Senior Member in Ch. Din Dayal v. Gur Narain, Etawah...Clarke, J.M:— This suit related to plot No. 1484, area 4 bighas 4 biswas, from which plaintiff respondent sued to eject defendant appellant. The defence was that the land in suit was a...see therefore no reason to diff??? from the finding of the lower appellate Court and the appeal is dismissed with costs.3. Appeal dismissed....
...ryoti nor of any of the other descriptions mentioned in Sect. 3(16) (a), (b) and (c) of the Estates Land Act. He has in consequence held that the revenue Courts have no ...not merely on ryoti land or old waste or Kambattam but on any land whatever. Under Sect. 19, a revenue Court is debarred from trying a suit for rent on Kambattam land, but all other suits by a...landholder for recovery of rent seem to be covered be Art. 8 of the Schedule, Part A. The District Judge was therefore wrong in declining jurisdiction in this case and his order must be set aside. I would...
..., the question of establishing the genuineness of the Will would not arise. Hence, the Revenue Courts have no jurisdiction to go into the genuineness of the Will or questions of title and it is farther...before the Revenue Court in an enquiry would not arise. Under these circumstances, the Revenue Courts have no jurisdiction to go into the genuineness or validity of the Will or to the question of ...alleged to have been executed by Radhabai in favour of the petitioner. If any order is passed by the Competent Court regarding the validity of the said Will, the Revenue Authority shall make necessary entries in the revenue...
...circumstances, the revenue Courts have no jurisdiction to go into the genuineness or validity of the Will or to the question of title in respect of the land in dispute. The decision of the Revenue...submits the orders passed by the revenue Courts are in accordance with law and not liable to be set aside. The learned Counsel Sri B. Anand, for Respondent No. 3 -Tahsildar, has also not disputed the...go into questions of assessment, recovery of land revenue and land revenue administration and it has no jurisdiction to go into the question of title in respect of an immovable property which...
...counsel for the petitioner submits that revenue courts have no jurisdiction to declare Bhoomiswami on the basis of Mourusi Krashak, which is in the exclusive domain of civil court. It is further..., learned Board of Revenue allowed the revision preferred by the respondent No.1 and the order dated 09.01.2006 was set- aside.
It is settled law that revenue courts have ...circumstances of the case and in view of law laid down by a coordinate Bench of this Court in the case of Kusum Bai (supra), it is clear that the revenue courts have no jurisdiction to determine the issue ...
...Special Deputy Commissioner, Bangalore District and others reported in ILR 2002 Kar. 2750 wherein it is held that the Revenue Courts have no jurisdiction to go into the question of title in...acquisition of a right is reported to the revenue authorities, they are duty bound to effect the revenue entries as per the deed of conveyance and no discretion is vested with them. 4.... He would contend that the second respondent erred in admitting the objections raised by respondents 3 to 10 and would contend that the said respondents have no right, title or interest in the subject...
...challenge before the competent civil court and the revenue courts have no
jurisdiction to decide the genuineness and validity of the said adoption deed
which can only be adjudicated by the competent...
Neutral Citation No. - 2023:AHC:145946
Court No. - 49
Case :- WRIT - B No. - 2552 of 2023
Petitioner :- Sushil Kumar
Respondent :- Board Of Revenue And 13 Others
Counsel...the Commissioner, Moradabad Division, Moradabad (respondent no.
2) and also the order dated 7.6.2023 passed by the learned Board of Revenue
(respondent no. 1).
3. By means of the impugned...
...finding that revenue courts have no jurisdiction to decide civil rights of the parties. For the very same reasons as set out by the larger bench of this court, this petition deserves to be allowed...
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION NO.13151/2015 (KLR-RR/SUR)
BETWEEN:
P.A.THIMMAIAH,
S/O LATE...
2
BY THE R1 IN SO FAR PETITIONER SURVEY NO.
CONCERNED & ETC.,
THIS WRIT PETITION COMING O...
...establishing the genuineness of the Will would not arise. Hence, the Revenue Courts have no jurisdiction to go into the genuineness of the Will or questions of title”.15. The Full Bench...whatsoever before the Revenue Court in an enquiry would not arise. Under these circumstances, the Revenue Courts have no jurisdiction to go into the genuineness or validity of the Will or to the q...title in respect of the land in dispute. So, under these circumstances, it was held that the revenue Courts have no jurisdiction to decide the title.16. So also, he relied upon a...
...the party injured by it against the party guilty of the fraud. The Revenue Courts have no jurisdiction to try a suit to enforce that right of action, but the suit is cognizable only by the ordinary...not summary suits, but are, in most cases, suits in Courts having exclusive jurisdiction. There is no general power in the Civil Court to set aside a decree of another Court of competent jurisdictiou...Civil Courts of Judicature within whose jurisdiction the cause of action accrues, or within whose jurisdiction the defendant resides as a fixed inhabitant. Possibly the Revenue Courts under Act X of...
...the judgment of the revisional court only on the ground that the revenue courts have no jurisdiction to order for removal of the constructions over the disputed land, hence according to him the...do not agree with the contention of the learned counsel for the petitioner that the revenue courts or revenue officers had no jurisdiction to remove the wrongful constructions made by the petitioner...) together with the provisions of Section 122(B)—of the U.P.Z.A and L.R Act indicates that the Collector or the Tahsildar who are Revenue Courts or officers have ample powers to order for compensation and...
.../applicant in the place of petitioner in the revenue records, which was subsequently set aside by the Commissioner vide order dated 04.02.2011, holding that revenue Courts have no jurisdiction to ...the parties. In second appeal, the orders of both the authorities were set aside by the Commissioner, who held that the revenue authorities/Court do not have any jurisdiction to decide the right of...parties on the basis of adverse possession, which is the exclusive jurisdiction of the Civil Courts. In revision, the Board of Revenue, after hearing both the parties, set aside the order of...
.../applicant in the place of petitioner in the revenue records, which was subsequently set aside by the Commissioner vide order dated 04.02.2011, holding that revenue Courts have no jurisdiction to...both the parties. In second appeal, the orders of both the authorities were set aside by the Commissioner, who held that the revenue authorities/Court do not have any jurisdiction to decide the right...of parties on the basis of adverse possession, which is the exclusive jurisdiction of the Civil Courts. In revision, the Board of Revenue, after hearing both the parties, set aside the order of...
...maintainable merely on the ground of earlier possession followed by dispossession. The High Court there fore, held that the revenue courts have no jurisdiction to try a suit under sec.9 of the..., Group B, Schedule 1 of the Rajasthan Revenue Courts(Procedure and Jurisdiction) Act, 1951) is by a person who has some title as a tenant and has been ejected otherwise...Courts (Procedure and Jurisdiction) Act, the trial court should have taken action under sec. 6(4) of the Act. We would, therefore, allow this appeal set aside the orders of the lower courts and direct...
...Authority is pending has to submit that even if such proceeding is pending then also the Revenue Courts have no jurisdiction to pass an injunction order. To substantiate the contentions reliance is...Section 32 of Madhya Pradesh Land Revenue Code, 1959, the Tahsildar has injuncted the petitioner from raising any construction over the land bearing Khasra ...in all proceedings under the Code. Section 43 in no case would authorize a Revenue Authority to grant an injunction. Section 43 simply provides that the procedure laid down in the Code of Civil...
...Courts.
Heard the Learned Counsel for the parties.
A similar view has been taken by a Coordinate Bench of this Court by order dated 06/04/2017 passed in Writ Petition ...principle of law that the revenue authorities have no jurisdiction to decide the genuineness of the “Will” and it is only for the Civil Court to decide that whether the “Will” was executed or not?
...over any property, then he/she has to seek declaration from the Civil Court of competent jurisdiction.
11. Similarly, the revenue authorities have no jurisdiction to...
...the Revenue Courts have no jurisdiction to correct the error crept in CH Form 45, prepared during consolidation operation. Section 27(3) of U.P. Consolidation of Holdings Act...jurisdiction of revenue court to correct it in exercise of powers under Section 33/39 of UP Land Revenue Act, 1901 as held by Division Bench of this Court in Gafoor v...maintained by him, maintain the map, field-book and record of rights prepared in accordance with the provisions of sub-section (1) [and the provisions of the UP Land Revenue Act, 1901...
...passed by Additional Divisional Commissioner, Jabalpur Division, Jabalpur, it is submitted by counsel for the petitioner that the Revenue Courts have no jurisdiction to nullify the sale deeds and if...Revenue Courts have no jurisdiction to set aside the sale deeds.
7. Per contra, the petition is vehemently opposed by counsel for respondent no. 5. However...Gendlal. The said application was rejected by order dated 22.11.2022 passed by S.D.O. Saunsar in Revenue Case No. 509/A- 6(A)/2022-23. The said order was challenged by respondent no. 5 by filing an appeal...
...District and others1holding that Revenue Courts have no jurisdiction to investigate and adjudicate over rights of parties arising out of Wills, and applying the same to...
4. THE REVENUE INSPECTOR
AMRUTHAPURA HOBLI,
TARIKERE TALUK.
5. SHIRASTEDAR
TALUK OFFICE...widow of Shanthappa i.e., Smt.Omkaramma in respect of very same immovable properties.
2. In the first place, Tahsildar is said to have accepted the unregistered Will...