RAM BRIKSHA Vs. VIII - DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) INSPITE of sufficient service no one appeared on behalf of Respondent No. 3 the only contesting Respondent. Heard learned Counsel for the Petitioner.

(2.) PETITIONER is Defendant in O.S. No. 441 of 1985 which has been filed by Respondent No. 3 - Mohan Lal. The relief claimed in the suit is for cancellation of sale deed dated 16.1.1984 in respect of agricultural land which belonged to the Plaintiff. The ground for cancellation mentioned in the plaint is that Plaintiff never executed the sale deed and someone else had impersonated him and that the sale deed does not bear Plaintiff's signatures. After execution of the sale deed name of the Defendant purchaser Petitioner was also mutated in the revenue records. The Defendant raised the plea of jurisdiction. Issues were framed and issue No. 3 was related to the jurisdiction of civil court. The contention of the Defendant was that jurisdiction of the civil court was barred by Section 331 of U.P. Zamindari Abolition & Land Reforms Act, 1950, according to which a suit cognizable before revenue court shall not be heard by any other court. Section 229 -B of U.P.Z.A.&L.R. Act provides for suit for declaration.

(3.) THROUGH this writ petition orders dated 16.10.1998 and 4.3.1997 have been challenged.