CHUNNI DEVI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

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

(2.) This writ petition is directed against the orders passed by the courts below deciding a preliminary issue that civil court has jurisdiction to try the suit for cancellation of a void sale deed dated 10.9.1979 and permanent injunction in respect of agricultural plots for consideration of Rs. 20,000 measuring 6 bigha 16 biswa situate in village Khaneha, Pargana and Tahsil Mau, district Ballia.

(3.) Sheo Murat, respondent No. 3 filed a suit in the Court of Munsif, Karvi which was registered as Original Suit No. 47 of 1980 against the petitioners and respondent Nos. 4 to 7 for cancellation of the aforesaid sale deed executed in favour of petitioner No. 1 and permanent injunction restraining the petitioners and respondent No. 5 from interfering with the land in dispute on the allegations that sale deed in question in favour of Smt. Chunni Devi is fictitious and she did not affix her thumb impressions on it and no consideration passed to her. The plaint allegations were denied by the petitioners and respondent Nos. 4 to 7 by filing their separate written statements. It was further alleged on behalf of petitioner No. 1 that the possession of the land in dispute was handed over to her immediately after execution of the aforesaid sale deed and the name of petitioner No. 1 had been entered in the revenue records by the revenue authorities after contest by respondent No. 3. The counsel for the petitioners submits that the civil court has no jurisdiction to try the suit and it is barred by Section 34 of the Specific Relief Act and that the Munsif has no jurisdiction to try the suit. Following issues were framed by the court below :