BISMILLAH Vs. JANESHWAR PRASAD

JUDGEMENT

(1.) The question raised in this petition for special leave is whether the jurisdiction of the Civil Court to entertain appellant's suit No. 254 of 1980 in the Court of Additional Civil Judge, Saharanpur for cancellation of certain sale-deeds respecting agricultural lands, and for possession is barred by S. 331 of the U. P. Zamindari Abolition and Land Reforms Act, (1951 Act).

(2.) Appellant's case before the trial Court was that she, as the, only daughter of Nawab Nurul Rahman Khan inherited his estate; that as she was paradanashin she on the representation of respondents 1 to 3 appointed them as her agents to manage the estate under an instrument of agency dated 17-4-1969., that the said document drafted in Hindi, a language not known to appellant, was later discovered by her to have contained an unauthorised clause empowering sale of the properties; and that taking advantage of appellant's absence from India, the said agents had entered into fraudulent and collusive sales respecting the properties in favour of the other respondents, who are their close relatives and confidants. Appellant sought the cancellation of the sale deeds, delivery of possession and rendition of accounts of incomes and profits.

(3.) Section 331 of the Act provides: