BABU NANDAN Vs. ESRAJI

JUDGEMENT

(1.) THE present First Appeal From Order has been filed against the order dated 16.1.1982 by the 1st Addl. District Judge, Jaunpur in Appeal No. 44 of 1979 arising out of Original Suit No. 52 of 1979.

(2.) THE brief facts of the case are that the plaintiff -respondent Smt. Esraji w/o Devi Charan filed a Suit No. 52 of 1979 for declaration and cancellation of a sale deed dated 31.8.1978 as void on the ground that she is a bhumidhar of land in dispute and sale deed was executed fraudulently by someone else in favour of defendant -appellant. It has been alleged that in the sale -deed, neither there is any thumb impression nor signature of plaintiff and inasmuch as the plaintiff had not gone to the office of Sub -Registrar and had no knowledge about the execution of such sale deed. Defendant filed objection, in which, it had been said that the suit was not maintainable for want of jurisdiction, inasmuch as, it was cognizable by the revenue court and not by civil court and barred by Section 331 of U. P. Zamindari Abolition and Land Reforms Act. Munsif, Jaunpur vide its order dated 5.11.1979 held that it is true that if in place of plaintiff, someone else has executed sale deed, it is definitely void and nullity. However, he held that since the property in dispute was agricultural, hence, the case could be filed in revenue court for which, he relied upon the decision of this Court in the case of Ram Roop v. Smt. Boondiya. 1979 AWC 44 and in the case of Sheo Pal v. Smt. Lakhpatia, 1979 AWC 524. After holding that the suit was not maintainable in the civil court but could be filed in a revenue court he directed to return the plaint for presentation before the proper court.

(3.) HEARD learned counsel for the appellant.