MEWA Vs. BALDEO

JUDGEMENT

(1.) THIS civil revision has been referred by a learned single judge of this Bench on account of an apparent conflict between two Division Bench eases of this Court.

(2.) THE facts which have given rise to this revision may shortly be stated. The plaintiff filed a suit in the civil court for cancellation of a sale deed on ground of fraud. He claimed that he was in possession of the property but in the alternative also prayed that If the opposite party was found in possession a decree for delivery of possession may also be passed. The defendants raised an objection to the maintainability of the suit in the civil court. The trial court, therefore, framed issue No. 4 on the question of jurisdiction and decided that issue holding that the court had jurisdiction to entertain the suit. In this case the question before the learned single judge was:

(3.) WE have heard learned counsel in great detail and although for the purposes of this case it is not necessary to go into all the aspects of the matter which will be considered in this judgment we have considered it proper to express our opinion on all those questions.