JAIRAM SINGH Vs. IST ADDL DISTRICT JUDGE BIJNOR

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the petitioner. No one appears on behalf of the respondent No. 2, the only contesting respondent at the time of arguments.

(2.) LEARNED Counsel for the petitioners made an oral prayer for deletion of the names of respondents 4 and 5. Prayer is accepted and respondents 4 and 5 are deleted from the array of the parties.

(3.) IT is true that by virtue of Full Bench of this Court reported in Ram Padarath v. II A. D. J. Sultanpur and Ors. , 1989 A. W. C. 290, even a suit for cancellation of void sale-deed in respect of agricultural land may be maintainable before the Civil Court. The said Full Bench Authority has virtually been upheld by the Supreme Court in Smt. Bismilla v. Janeshwar, AIR 1990 SC 540. The Supreme Court held that if the plaintiff is of the opinion that without getting the offending deed set aside, he can not get proper reliefs then the bar is not attracted and plaintiff is at liberty to file suit before the Civil Court.