U.P. Consolidation of Holdings Act, 1954 – s.5(2)(a) and s.49 – Respondent herein filed a civil suit for cancellation of the Sale Deed before the Civil Judge – Petitioner No.2 herein filed an application stating that suit stands abated as per s.5(2)(a) of the Consolidation Act – The said application was allowed by the Civil Court and appeal against the same was dismissed – However, the High Court came to the conclusion that as the allegation is that the sale deed was executed by playing fraud and by impersonation, it would be a “voidable” document and thus, any suit, for cancellation of a voidable sale deed will not abate by virtue of Section 5(2)(a) of the Consolidation Act – Correctness:
Held: It is settled that a “voidable” document continues to be in force until it is set aside and such a document can only be set aside by a competent civil court – Further, such documents are binding upon the Consolidation Authorities so long as they are not cancelled or set aside by a Court vested with the jurisdiction to do so – It is also settled that the consolidation authorities do not have the jurisdiction and power to cancel a document, which is required to be set aside or cancelled and the document will continue to be valid till it is cancelled by a Competent Court i.e. a Civil Court – If the document is void, it would be open for the Consolidation Authorities to disregard such a document & in such a case, they would get the exclusive jurisdiction to proceed with the matter – But if the document is voidable, the Civil Court is vested with the jurisdiction to declare the same to be voidable – In the case of voidable documents, not only would the Consolidation Authorities have no power to cancel such documents, but even the proceedings pending before any competent Civil Court would not abate – In the instant case, the allegation here is that the fraudulent misrepresentation was by petitioner No. 1’s mother, who executed the sale deed dated 09.08.2016 by impersonation, it would make the sale deed voidable, but not void – The Sale Deed dated 09.08.2016 will be binding on the Consolidation Authorities unless it is set aside by a competent Civil Court and there would be no bar on jurisdiction of the Civil Court to try a suit for cancellation of such a sale deed. [Paras 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.