KRISHNA KANT PATHAK Vs. KAMLA PRASAD

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner has challenged the order dated 10-11-1989 passed by the IIIrd Additional District and Sessions Judge, Jaunpur.

(2.) BRIEFLY stated the facts are that the petitioner filed a Suit No. 110 of 1984 against the defendant- respondents for cancellation of the agreement of sale-deed dated 18-6-1981 and the subsequent sale- deeds dated 7-11-1981 and 16-12-1981 executed in favour of respondent Nos. 1 to 7.

(3.) I have heard Shri N. Lal, learned Counsel for the contesting respondents. He urged that the land in suit was an agricultural land and the plaintiff can establish his right only by filing a suit under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act. It may be noted that there is no provision in the U. P. Zamindari Abolition and Land Reforms Act under which the plaintiff can claim the relief for cancellation of the sale- deeds. In Ram Padarath's case (supra) the Full Bench has taken the view that the suit for cancellation of sale-deed is cognizable only by Civil Court even in respect of agricultural land covered by the provisions of the U. P. Zamindari Abolition and Land Reforms Act.