Supreme Court Digest of Recent Cases
(2006) 5 SCC 720

Tenancy and Land Laws

Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972)

— Ss. 26 and 18 — Bar of jurisdiction of civil court — Civil suit for declaration that appellants were owners in possession of the land in question and that order of allotment and declaration of surplus area in respect of the land were ineffective, inoperative, against principles of natural justice, null and void and as such not binding on the rights of the plaintiff-appellants — Suit filed 9 years after the order passed by the authority concerned, instead of seeking remedy under S. 18 — Held, suit not maintainable — Matters relating to entitlement, choice of land and allotment are dealt with specifically by the authorities under the Act — Controversy as involved in the suit, can be resolved by the forum provided under the Act — Appropriate forum has been provided for challenging validity of the order, (2006) 5 SCC 720-A

Civil Procedure Code, 1908

— S. 9 — Exclusion of jurisdiction of civil court — When can be inferred, (2006) 5 SCC 720-B



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