ANJU Vs. VIKRAM KAUR

JUDGEMENT

(1.) Heard Sri Nipun Singh learned counsel for the applicants. Applicants are defendants in O.S. no.49 of 2009 which has been instituted against them by Smt. Vikram Kaur sole respondent in this revision.

(2.) The relief claimed in the suit is for declaration that sale deed dated 7.3.2007 shown to have been executed by the plaintiff in favour of the defendant no.1, Smt. Anju and the subsequent sale deed dated 31.3.2008 by defendant no.1 to defendants no. 3 to 5 are null, void, ineffective and inoperative and for sending the information of the declaration to the Sub Registrar. Property in dispute is agricultural land. Defendants filed written statement and raised the plea of Bar of Jurisdiction. Issues were framed. Issue no.3 related to bar of jurisdiction i.e. as to whether suit was barred before civil court in view of Section 331 of U.P.Z.A.L.R. Act. Additional Civil Judge (S.D.), Court no.3, Muzaffar Nagar through order dated 9.10.2012 held the suit to be maintainable before civil court. The said order has been challenged through this revision.

(3.) Defendants had also filed application under Order VII Rule 11 C.P.C. The said application was also rejected by the impugned order.