Khursheed vs Shaqoor 2024 INSC 764- U.P. Consolidation of Holdings Act, 1954 – Voidable Sale Deed

U.P. Consolidation of Holdings Act, 1954 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- 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 this case, the allegation was that the fraudulent misrepresentation was by petitioner’s mother, who executed the sale deed by impersonation: It would make the sale deed voidable, but not void -Therefore sale deed 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.]