SADARUDDIN Vs. DISTRICT JUDGE ALLD

JUDGEMENT

(1.) D. K. Seth, J. Leave is granted to convert this petition under Article 227 of the Constitution.

(2.) BY means of this writ petition the petitioners have challenged the order dated 20-12-1988 passed by Sri B. B. Agarwal, District Judge, Allahabad in Civil Revision No. 378 of 1988, affirming the order dated 23-9-1988 passed by the Addi tional Munsif, Allahabad in Suit No. 833 of 1985. The fact of the case, inter alia, was that the respondent No. 3, filed a Suit for declaration of the sale-deed as void or cancellation thereof against the petitioners alleging that he was bhumidhar in respect of the disputed land alongwith his brother, respondent No. 4 and that the petitioner got the sale-deed executed in their favour in respect of the disputed land through imposter and, as such, the sale deed is void and is liable to be cancelled.

(3.) THE learned counsel for the respondent contends that the suit for declara tion of a document as void on account of the same being executed through imposter, can only be decided in Civil Court and not by the Revenue Court. Section 331 of the said Act is not barred in respect of such suit.