KALINDI Vs. IIIRD ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.2.2001 passed by respondents No. 1 in revision holding that the suit is cognizable by the civil court.

(2.) Briefly, stated the facts, are that respondent No. 2 filed Suit No. 1073 of 1993 in the Court of Munsif, Deoria for cancellation of the gift-deed dated 31.12.1985 and the sale-deed dated 29.9.1987 in respect of the agricultural land with the allegations that the land in dispute is sir land. He was born prior to the enforcement of U. P. Zamindari Abolition and Land Reforms Act (in short the 'Act'). He being a coparcener acquired rights in the sir land by the birth. His father Sadanand married Smt. Israji, who is stepmother of the plaintiff. She obtained the gift-deed and sale-deed fraudulently. His father had not put signature or thumb impression on the disputed sale-deed and gift-deed. The sale-deed was without consideration. In any case, he had no right to execute the sale-deed in respect of his share over the land in dispute. The defendant Nos. 3 and 4 filed written statement and it was denied that the gift-deed and the sale-deed were obtained fraudulently. One of the pleas raised was that the civil court had no jurisdiction to try the suit. The trial court framed various issues and issue No. 5 was whether the civil court has jurisdiction to try the suit. The trial court came to the conclusion that the suit is barred by Section 331 of the Act and the revenue court can decide the validity of the gift-deed and sale-deed. The plain tiff-respondent filed revision against the said decision. The respondent No. 1 has allowed the revision holding that civil court has jurisdiction to entertain the suit and grant the reliefs claimed in it.

(3.) I have heard Sri R. B. Tripathi, learned counsel for the petitioners who contended that the suit is not cognizable by the civil court in respect of the agricultural land.