RAFIQ KHAN Vs. MOHAMMAD UMAR KHAN

JUDGEMENT

(1.) THE suit giving rise to this second appeal was filed by the Plaintiff -Respondents who are minors governed by the Mohammedan Law for cancellation of a sale deed to the extent of their 4/5th share on the ground that the same having been executed by their natural guardian was void. The suit has been decreed by the lower appellate court and the sale deed to the extent of 4/5th share which was the share of the Plaintiff Respondents has been cancelled.

(2.) IT was urged by counsel for the Appellants that the Plaintiff -Respondents not being in possession and the possession being with the Appellants even over their 4/5th share after the sale deed which was for the entire land including the Plaintiff -Respondents' 4/5th share the suit for cancellation of the sale deed was barred by Section 34 of the Specific Relief Act. Having heard counsel for the Appellants at some length I find it difficult to agree with this submission. Section 34 of the Specific Relief Act reads:

(3.) VALUATION of relief in certain suits relating to land. Suits mentioned in paragraph IV(a), IV -A, IV -B, V, V -A, VI -B, VI, VI -A, VIII and X -(d) of Section 7 and Articles 17, 18 and 19 of Schedule II of the Court Fees Act, 1870, as in force for the time being in the Uttar Pradesh, shall be valued for the purposes of jurisdiction at the market value of the property involved in or affected by the relief sought, or of the amount involved in or affected by or the title to which is affected by the relief sought, and such value shall in the case of land be deemed to be the value as determinable in accordance with the rules framed Under Section 3.