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Civil Property & InheritanceSupreme Court of India

Arjun v. Mukesh

Civil Appeal · 2026 INSC 227Decided 27 Feb 2026
C.A. No.-003083-003083 - 2026
Justice Sanjay Kumar · Justice K. Vinod Chandran

Background

An elderly man, Rameshwar, gifted his agricultural land to his great-grandchildren, allegedly to keep it out of the hands of his sons and grandson whom he considered unreliable. His son Arjun and daughter Jinku filed a civil suit challenging the gift deed, claiming a share in what they said was ancestral joint family property. The Trial Court rejected the plaint (refused to even proceed with the suit), reasoning that the dispute involved "khatedari" (tenancy) rights that could only be decided by the Revenue Court under the Rajasthan Tenancy Act, 1955, and the High Court upheld that rejection.

Decision Breakdown

The Supreme Court held that under the Rajasthan Tenancy Act, when a question of tenancy/khatedari rights arises in a civil suit, the correct procedure is for the Civil Court to frame that specific issue and refer it to the Revenue Court for decision, not to reject the entire plaint outright. It noted that a related suit on the tenancy question was already pending before the Revenue Court (Sub-Divisional Officer, Sikar), a fact the Trial Court and High Court had overlooked. The Court therefore set aside both the High Court's and Trial Court's orders, restored the civil suit challenging the gift deed, and directed that it be kept pending until the Revenue Court's suit on khatedari rights is decided, after which the civil suit can resume. It expressly clarified that it had not decided the merits of either the khatedari rights or the validity of the gift deed itself.

Lesson Learnt

A civil court cannot simply throw out an entire lawsuit merely because it touches on a tenancy/revenue-rights question outside its jurisdiction: the correct approach is to frame that specific issue and refer it to the proper revenue authority while keeping the rest of the case alive, especially where a related proceeding on the jurisdictional question is already pending elsewhere.

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