The High Court of Uttarakhand has reaffirmed that suits for cancellation of gift deeds are to be filed before the revenue court, not the civil court, upholding existing legal precedent and providing binding authority for subordinate courts dealing with land and property transfer disputes.
Summary
| Category | Data |
|---|---|
| Case Name | WPMS/1649/2023 of SHRI VARUN Vs GHANSHYAM SINGH |
| CNR | UKHC010086162023 |
| Date of Registration | 07-06-2023 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE MR. JUSTICE PANKAJ PUROHIT |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding upon subordinate courts within Uttarakhand |
| Overrules / Affirms | Affirms orders of Civil Judge Jr. Division and Additional District Judge, Dehradun |
| Type of Law | Civil Procedure / Property Law |
| Questions of Law | Whether jurisdiction to entertain suits for cancellation of gift deeds vests in the civil or the revenue court in Uttarakhand |
| Ratio Decidendi |
Both the trial court and appellate court correctly held that jurisdiction for suits relating to cancellation of gift deeds vests with the revenue court, not the civil court. The High Court saw no illegality or perversity in this finding and dismissed the writ petition, clarifying that the petitioner is at liberty to file the suit before the competent revenue court. The judgment affirms the primacy of proper forum jurisdiction in property disputes under relevant state law. |
| Facts as Summarised by the Court | The petitioner challenged orders by the trial and appellate courts, both of which directed that the suit for cancellation of a gift deed should be filed before the revenue court. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Uttarakhand |
| Persuasive For | High Courts in other states when interpreting similar statutory frameworks |
| Follows | Jurisdictional principles regarding property-specific reliefs under state law |
What’s New / What Lawyers Should Note
- Reaffirms that suits for cancellation of gift deeds must be instituted before the revenue courts, not civil courts, within Uttarakhand.
- Provides clear authority for preliminary objections on jurisdiction in similar property transfer cases.
- Lawyers must carefully assess proper forum before drafting and filing complaints involving land or property title disputes in Uttarakhand.
Summary of Legal Reasoning
- The High Court noted that both the trial court and appellate court concluded jurisdiction to entertain the petition for cancellation of a gift deed lies with the revenue court.
- It was found that these lower court findings were “perfect and are in accordance with law,” and no illegality or perversity was present warranting interference.
- The High Court acted in its supervisory capacity under Article 227 of the Constitution, declining to disturb the orders under challenge.
- The petitioner was given liberty to approach the appropriate revenue court, reaffirming procedural regularity and proper forum.
- The orders of the subordinate courts were expressly affirmed, solidifying the legal position regarding jurisdiction for such disputes.
Arguments by the Parties
Petitioner
- Challenged the order of the civil and appellate courts directing that the suit for cancellation of the gift deed be filed before the revenue court.
Respondent
- Defended the orders of the trial and appellate courts, supporting the finding that jurisdiction lay with the revenue court.
Factual Background
The petitioner filed a civil suit seeking cancellation of a gift deed. The trial court, followed by the appellate court, determined that only the revenue court has jurisdiction over such matters and accordingly dismissed the suit on the ground of forum. The petitioner then filed a writ petition in the High Court challenging those orders.
Statutory Analysis
- The judgment discusses the law pertaining to jurisdiction between civil and revenue courts under Uttarakhand statutes concerning property matters.
- Emphasizes adherence to legal provisions dictating which court is competent to entertain suits for cancellation of gift deeds.
Alert Indicators
- ✔ Precedent Followed – The High Court reaffirmed and followed established jurisdictional principles.