SANDEEP KUMAR Vs. ADDL CIVIL JUDGE SAHARANPUR

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THIS writ petition arises out of the proceedings in suit No. 53 of 1980 filed by the petitioner for permanent injunction to restrain defendant No. 5, their father from executing a sale-deed of the land in dispute in favour of defendant Nos. 1 to 4. The Munsif, Hawali, Saharanpur ordered the return of the plaint on the ground that the Revenue Court could grant a declaration and as such, the Revenue Court had jurisdiction in the matter. The petitioner filed a revision against the said judgment which was dismissed vide order dated 22-2-84.

(3.) THE Counsel for the petitioner has rebutted the contention of the Counsel for the respondents on the ground that the suit was triable by the civil Court. THE solitary name being recorded, the sale-deed could only be avoided after the title had been proved by a suit and then the suit would have to be filed for cancellation of the sale-deed which would also lie in the civil Court. THE preventive injunction could not be granted by Revenue Court which is the basic relief at the stage, though every injunction will follow only after some sort of declaration as already alleged in the original affidavit.