HAKIM SINGH Vs. AZIZAN

JUDGEMENT

(1.) A. B. Srivastava, J. The petitioners have filed this writ petition seeking a writ of certiorari.

(2.) SUIT No. 248 of 1975 was filed by Smt. Azizan, after whose death, respondents No. 2 and 3 have been substituted as her legal representatives. The suit was filed with al legation that the plaintiff Smt. Azizan is bhumidhar of the plots in question and has all along been in possession. The defendants (petitioners before this Court), it was al leged, have got the impugned sale deeds erecuted fraudulently, without paying any consideration. She had no intention to transfer her land, the document was neither scribed in her presence nor the contents were read and explained, her thump impres sion on the documents is fictitious and she did not receive any consideration. Accord ingly cancellation of the sale deeds in ques tion and delivery of possession, in case it was found necessary, was sought.

(3.) HAVING considered the submission of both sides, this Court is unable to per suade itself to accept the contention of the petitioners that the suit was essentially for possession. The plaintiff specifically claimed herself to be in possession. A suit under Section 209 of the Z. A.-"and L. R. Act thus could not be filed. There also nothing to show that a suit under Section 229-B of the said Act could be filed. It is not the case of any party that the plaintiff is not recorded as bhumidhar. The State and Gaon Sabha thus recognising the title of the plaintiff, she could not bring a suit under Section 229-B. Bar of Section 331 of the Z. A. and L. R. Act would be attracted if the suit is based on a cause of action in respect of which any relief could be obtained from the Revenue Court. In the instant case as on the facts apparent no relief could be obtained from the Revenue Court, the plea of the petitioners of bar to the jurisdiction of civil court be comes unsustainable.