Close

Courts in Saharanpur – Jurisdiction & Types of Cases

The judicial system in Saharanpur functions through different categories of courts, each having defined jurisdiction based on the nature of disputes. Broadly, cases are categorized into:

  • Revenue Matters
  • Civil Matters
  • Criminal Matters
  • Family Matters

Civil Court

Official Website of District Court Saharanpur – https://saharanpur.dcourts.gov.in/

Civil Courts deal with disputes relating to:

  • Urban and non-agricultural property
  • Injunction (stay orders)
  • Partition of residential property
  • Contract disputes
  • Recovery of money
  • Damages claims
  • Succession and inheritance disputes
  • Specific performance of agreements

Civil Courts in the district generally include:

  • Civil Judge (Junior Division)
  • Civil Judge (Senior Division)
  • District Judge

Types of Cases in Civil Court

1. Suit for Permanent Injunction

Filed when a party seeks a court order restraining another person from interfering with possession.

2. Title Suit

Filed when ownership of property (especially non-agricultural or urban property) is disputed.

3. Partition Suit (Non-Agricultural Property)

Filed for division of residential or commercial property among co-owners.

4. Recovery Suit

Filed for recovery of money based on loan, agreement, or transaction.

5. Specific Performance

Filed when one party fails to honor a property sale agreement and the other party seeks enforcement through court.

General Civil Court Process

  1. Filing of Plaint (Suit).
  2. Payment of court fee.
  3. Issuance of summons to defendant.
  4. Filing of written statement.
  5. Framing of issues by court.
  6. Evidence stage (oral and documentary).
  7. Final arguments.
  8. Judgment and decree.
  9. Appeal before higher court (if required).

Revenue Court

Official Website of RCCMS (Revenue Court’s Computerized Management System) – https://vaad.up.nic.in/
Revenue Courts deal specifically with land and agricultural property related disputes, particularly those concerning revenue records, tenancy rights, and agricultural holdings.

These courts function under the provisions of:

  • Uttar Pradesh Revenue Code, 2006
  • Uttar Pradesh Zamindari Abolition & Land Reforms Act
  • Other related land and revenue laws

Revenue Courts generally operate at levels such as:

  • Tehsildar
  • Sub-Divisional Magistrate (SDM)
  • Additional Collector / Collector

Common Types of Cases in Revenue Court

1. Section 24 – Declaration of Rights (Land Title Declaration)

Section 24 cases generally relate to:

  • Declaration of bhumidhari rights
  • Correction of land ownership records
  • Disputes over recorded tenure holder
  • Claim of ownership over agricultural land

When a person claims that their name is wrongly recorded or omitted in revenue records, they may file a case under Section 24.

General Process:

  1. Filing of application before the competent Revenue Officer (usually SDM).
  2. Notice issued to opposite party.
  3. Submission of written statements.
  4. Submission of documentary evidence (Khatauni, sale deed, inheritance proof).
  5. Hearing and passing of order.
  6. Appeal before higher revenue authority (if required).
2. Section 80 – Ejectment / Unauthorized Possession

Section 80 generally deals with:

  • Unauthorized occupation of agricultural land
  • Eviction proceedings
  • Recovery of possession
  • Encroachment over agricultural holding

General Process:

  1. Application filed before Revenue Court.
  2. Notice issued to alleged encroacher.
  3. Verification of revenue records.
  4. Spot inspection (if necessary).
  5. Order for eviction or dismissal.
  6. Appeal provision available.
3. Section 116 – Partition of Agricultural Land

Section 116 relates to:

  • Partition of agricultural holdings
  • Division of joint land among co-sharers
  • Demarcation of shares

General Process:

  1. Application for partition before Tehsildar/SDM.
  2. Notice to co-tenure holders.
  3. Determination of shares.
  4. Preparation of partition plan.
  5. Objections (if any).
  6. Final order and mutation in revenue records.

Note: Revenue Courts primarily handle agricultural land and revenue record matters.
Complex title disputes, damages claims, and contract matters are generally handled by Civil Courts.