SURENDRA SINGH RAJENDRA SINGH YOGENDRA SINGH HARENDRA SINGH INDRA Vs. SPECIAL JUDGE ADDITIONAL DISTRICT JUDGE MUNSIF MOHAMMADABAD GOHNA

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This writ petition has been filed praying, inter-alia; quashing of the judgment and order dated 11.1.1985 (Annexure 2 to the writ petition) passed by respondent No. 2 and judgment and order dated 9.4.1985 (Annexure 3 to the writ petition) passed by respondent No. 1.

(3.) The case of the petitioners, in brief, is that Mst. Dhanesara (respondent No. 3) filed Suit No. 875 of 1982 in the court of Munsif Mohammadabad Gohna District Azamgarh for cancellation of sale-deed dated 5.10.1982 alleged to have been executed by some imposter. It is alleged that the plaintiff is the owner of the land in dispute after the death of her husband. She neither required any money nor she had executed any sale-deed or received any consideration. Some imposter is alleged to have executed the sale deed regarding the plots in dispute. The plaintiff came to know of the same and asked the defendants to cancel it. The defendants did not pay any heed and hence the suit was filed for cancellation of the sale-deed dated 5.10.1982. According to the plaint allegations the alleged sale-deed is a void document. The defendants denied the plaint allegations and one of the pleas taken in the written statement was that the Civil Court had no jurisdiction to decide the suit. The only plea raised before the trial court is that the suit is not cognizable by the Civil Court. The trial court framed preliminary issue regarding the jurisdiction. The trial court after hearing the counsel for the parties, vide order dated 11.1.1985 held that the suit was maintainable and the Civil Court had jurisdiction to decide the same. Against the order of the Munsif Mohammadabad Gohna dated 11.1.1985, the petitioner filed Civil Revision, No. 44 of 1985 before the District Judge, District Judge), Azamgarh heard the revision and dismissed the same by order dated 9.4.1985.