MOHD. ANIS Vs. DIST. JUDGE

JUDGEMENT

(1.) The preliminary objection raised by defendant that suit in question is not maintainable in Civil Court having been rejected by Trial Court vide judgment and order dated 09.09.1997 and petitioners' revision rejected by Revisional Court vide judgment dated 31.10.1998, has given rise to this petition seeking writ of certiorari for quashing of both the aforesaid orders.

(2.) It appears that Original Suit No. 186 of 1995 was filed by plaintiffs-respondents for cancellation of sale deed dated 14.12.1992 on the ground of fraud and consequential relief for giving possession of land in question to plaintiffs.

(3.) The petitioners-defendants raised an objection that since plaintiffs are not recorded tenure holder in revenue records, therefore, original suit is not maintainable in Civil Court and is entertainable by Revenue Court. The Trial Court considered aforesaid preliminary objection and rejected the same vide order dated 09.09.1997, whereagainst petitioners' Civil Revision No. 86 of 1997 has also been rejected by District Judge, Sitapur vide order dated 31.10.1998.