MANOJ KUMAR Vs. DISTRICT JUDGE JAUNPUR

JUDGEMENT

(1.) THE writ petition is directed against the order dated 17th January, 2008 passed by the Civil Judge (Junior Division) Jaunpur rejecting application no.50-C of petitioner-Manoj Kumar raising a preliminary objection regarding maintainability of Original Suit No.436 of 2004 (Indu Devi Vs. Manoj Kumar) on the ground that suit is barred by Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "1950 Act") and the revisional order dated 26th May, 2008 passed by District Judge, Jaunpur dismissing Revision No.9 of 2008 of the petitioner. THE Facts giving rise to the dispute in the present writ petition may be stated as under.

(2.) ONE Fateh Bahadur Singh, husband of Smt. Indu Devi (respondent No.3) possessed some movable and immovable property and died on 12th February, 2002. The petitioner is the son of Sri Amar Bahadur Singh, brother of Fateh Bahadur Singh. He claimed that Fateh Bahadur Singh had executed a Will 7th February, 2002, though it was unregistered, and on the basis thereof got his name mutated in respect to the immovable property of Late Fateh Bahadur Singh. Respondent No.3 filed Original Suit No.436 of 2004 for cancellation of unregistered Will dated 7th February, 2002 in respect to the disputed property, as detailed at the bottom of the plaint, which reads as under: ...[VERNACULAR TEXT OMMITED]...

(3.) PER contra, Sri U.B. Singh, learned counsel appearing for the respondent No.3 contended that the suit was filed for cancellation of unregistered Will dated 7th February, 2002 and for declaration of property in dispute as that of the plaintiff on the ground that it was a forged and fictitious document prepared fraudulently and illegally hence the suit filed before Civil Court is not barred. He placed reliance on Apex Court decision in Bismillah Vs. Janeshwar Prasad 1990 SCC (1) 207 and a Single Judge decision in Barkhu & Ors Vs. Vth Additional District Judge, Basti 2004(97) R.D. 168.