KHADERAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri D.K. Triapthi for the petitioners. The writ petition has been filed for quashing the proceeding in Case No. 191 (Ashok Kumar v. Sonkalli) under section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "the Act") pending before the Tehsildar, Mariyahoon, Jaunpur. On the basis of sale deed dated 27.9.2007 executed by Smt. Sonkalli, the respondent -4 filed an application under section 3(sic) of the Act for mutation of his name over the land sold to him. Prior to filing of the application the petitioner has filed a civil suit, O.S. No 879 of 2007 for permanent injunction restraining the respondents from interfering in the possession of the petitioners over the land in dispute and thereafter O.S. No. 924 of 200, for cancellation of sale deed dated 27.9.2007.

(2.) THE Counsel for the petitioners submits that Smt. Sonkalli is an insane woman and she was neither in necessity of money nor she executed any sale -deed and the sale deed in question was executed by some imposter and on the basis of fake sale -deed mutation proceeding cannot be taken. The controversy regarding validity of the sale -deed has to be examined and decided by the Civil Court in O.S. No. 924 of 2007 as such during the pendency of the O.S. No. 924 of 2007, Tehsildar has no jurisdiction to proceed with the mutation case.

(3.) THE principle relating to stay of the proceeding of subsequent suit based on same cause of action between the same parties is given under section 10 C.P.C. as under: - -