HARI MOHAN Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner. Nobody is present on behalf of the Respondents even in the revised reading of the cause list.

(2.) Petitioner before this Court filed Original Suit No. 55 of 1986 for a declaration that the sale deed executed by his natural guardian (mother), at the time when the Plaintiff was minor, in respect of his 1/3 share in the property be declared as void and an injunction be issued for delivery of possession. The plaint allegations were that the sale was effected without there being any legal necessity and without permission of the competent Civil Court and further without any consideration having passed for such transfer by sale.

(3.) The Defendant purchaser of the property contested the suit and a preliminary objection was raised to the effect that the suit was not maintainable before the Civil Court, inasmuch as subject matter of transfer was an agricultural holding. The preliminary objection was decided by the Munsif under order dated 5.1.1991 and it was held that since the suit was for declaring the sale deed as void as well as for injunction for possession, it was the Civil Court alone which could grant such relief.