BRIJENDRA SINGH Vs. IIIRD A D J AGRA

JUDGEMENT

(1.) HEARD Sri G.N. Verma, learned senior Advocate and Sri Satya Prakash appearing for the respondents.

(2.) BY this writ petition the petitioners have prayed for quashing the order dated 6^th March, 1984 passed by the 3^rd Additional District Judge allowing the revision filed by the respondent No. 2 against the judgment and order dated 14.11.1979 passed by the Munsif, Fatehabad in Original Suit No. 273 of 1973. The original suit No. 273 of 1973 was filed by the petitioners impleading the respondent No. 2 as the defendant No. 3 and other defendants praying for a decree of declaration that the sale deed dated 3.3.1966 executed by Smt. Chadrawali in favour of the defendant No. 3 Bishan Lal is null and void. Before the trial court issue No. 4 was framed to the effect that "whether the suit is barred by Section 49 of the Consolidation of Holdings Act -. Learned Munsif decided the issue in favour of the plaintiffs and held that the suit is not barred. A revision was filed by the respondent No. 3 Bishan Lal which has been allowed by the revisions court. The revisional court has held that the suit is barred under Section 49 of the U.P. Consolidation of Holdings Act. The order of the revisional court dated 6^th March, 1984 has been challenged in this writ petition.

(3.) SRI G.N. Verma, learned senior Advocate appearing for the petitioner raised following two submissions : -