PRAKASH NARAIN Vs. IIIRD ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Petitioner before this Court is Plaintiff in Original Suit No. 141 of 1986 which was filed for cancellation of the sale-deed executed in respect of plot No. 111. On behalf of the Defendants an objection was raised qua the jurisdiction of the Civil Court to try the suit on the ground that the suit property transferred under the sale-deed was an agricultural holding and the suit was barred by Section 49 of the Consolidation of Holdings Act. The objection so raised was formulated as issued No. 3 and has been decided as preliminary issue. The trial Court held that the suit as presented was maintainable inasmuch as the Civil Court alone had the jurisdiction to cancel the sale-deed.

(2.) Not being satisfied the Defendants filed Civil Revision Nos. 08 of 1991. The revision has been allowed under the judgment and order of the Additional District Judge dated 7.2.1992 and it has been held that during consolidation operation, mutation has directed on the strength of the sale-deed, the same has become final. Reference has also been made to an application made by the Plaintiffs father before the Sub-Divisional Magistrate giving his consent for mutation of the name of the Defendants who were purchasers of the property in question.

(3.) The Addl. District Judge has held that the sale-deed has been executed willingly and voluntarily without any fraud or misrepresentation. It has, therefore, been held that the suit was barred under Section 49 of the Consolidation of Holdings Act.