KAMLA SINGH Vs. THIRD ADDITIONAL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by Kamla Singh challenging the judgment of the 3rd Additional District Judge, Gorakhpur, allowing the appeals nos. 266 of 1980 and 272 of 1980.

(2.) IT appears that Smt. Mewati, the plaintiff of suit no. 615 of 1974 sought the relief of cancellation of a will dated 8-7-1969 alleged to have been executed by Sakal Singh in favour of the petitioner defendant, Kamla Singh. On the basis of the pedigree Smt. Mewati claimed that Sakal Singh had two wives, herself and Smt. Jagrani. On his death the property was inherited by her and Smt. Jagrani; but Kamla Singh had set up a will dated 8-7-1969 alleged to have been executed by Sakal Singh which in fact was void as Sakal Singh had not bequeathed the property by means of any will to Kamla Singh,

(3.) ON the pleadings of the parties one of the questions which arose for decision before the trial court was about the jurisdiction. The plea was that as the document, on the allegations made in the plaint by Smt. Mewati was void, the suit in the Civil Court was not maintainable in view of section 331 of the UP ZA and LR Act, and that the revenue court exclusively had jurisdiction to try the same. A similar plea of jurisdiction had been raised in the suit filed by Kamla Singh. The assertion of Smt. Mewati was that on that allegations made in the plaint the gift deed dated 31-8-1971 was void, hence the suit was not maintainable in the Civil Court.