VISHRAM SINGH Vs. DISTRICT JUDGE ETAWAH

JUDGEMENT

(1.) The question involved in the present writ petition is whether Civil Court has jurisdiction to entertain the suit regarding cancellation of sale deed relating to agricultural land.

(2.) The facts, in brief, are that Rampal Singh was Bhumidhar of the land in question. He died leaving behind him three sons, namely, Jagpal Singh, Bhopal Singh and Santpal Singh. On 2/09/1977, after the death of Rampal Singh a sale deed was executed by Jagpal Singh Bhopal Singh and Santpal Singh in favour of Daru Singh. The sale deed on behalf of Santpal Singh was executed by his mother as he was minor at that time. Daru Singh died and thereafter names of the petitioners were substituted in the revenue records.

(3.) On 20/03/1982 Santpal Singh, respondent No. 3, filed Suit No. 132 of 1982 in the Court of Munsif Etawah for cancellation of the sale deed dated 2/09/1977 to the extent of 1 / 3rd share on the allegation that the plaintiff was minor on the date of execution of the sale deed. The sale deed was executed by his mother without obtaining permission of the District Judge and without any legal necessity.