KHURSHEED Vs. SHAQOOR

JUDGEMENT

(1.) The question which arises in this petition for our determination relates to the bar on jurisdiction of the Civil Court under Sec. 5 (2) (a) read with Sec. 49 of the U.P. Consolidation of Holdings Act, 1954 (hereinafter referred to as 'Consolidation Act').

(2.) Whether, by virtue of Sec. 5 (2) (a), upon publication of the Notification under Sec. 4 of the Consolidation Act, any pending civil suit for cancellation of a sale deed executed by fraud and impersonation, stands abated and the jurisdiction of the Civil Court to try such a suit is ousted in terms of Sec. 49 of the Consolidation Act?

(3.) The Petitioners-Defendants, assail the correctness of the Order dtd. 2/8/2019, passed by the High Court of Uttarakhand, whereby Writ Petition (M/S) No. 93/2019, filed by the RespondentPlaintiff was allowed holding that a suit for cancellation of a "voidable" sale deed relating to agricultural land pending in a Civil Court would not stand abated in terms of Sec. 5 (2) (a) of the Consolidation Act and the bar on jurisdiction of the Civil Court's under Sec. 49 of the Consolidation Act would not be applicable when the suit is for cancellation of a "voidable document"; as opposed to a "void document".