LAWS(ALL)-2017-5-222

RAM SAJIVAN PATEL Vs. DISTT JUDGE PRATAPGARH

Decided On May 02, 2017
Ram Sajivan Patel Appellant
V/S
Distt Judge Pratapgarh Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the records.

(2.) This writ petition has been filed challenging the order dated 11.4.2014 passed in Original Suit No.1376 of 2004; Ram Bahadur & others Vs. Raj Bahadur and others as well as the order dated 6.9.2016 whereby the revision preferred against the said order has been dismissed.

(3.) Learned counsel for the petitioners submits that the suit for declaration along with the cancellation of will deed as well as the sale deed was filed by the opposite parties. The petitioners had filed the preliminary objection regarding maintainability of the suit on the ground that it is barred by Sec. 331 of U.P.Z.A.& L.R. Act. For the same relief the plaintiff has also filed a suit under Sec. 229-B,U.P.Z.A.& L.R. Act before the revenue court. The learned court below has rejected the said preliminary objection holding that the suit preferred by the opposite parties is maintainable. The petitioners thereafter preferred a revision which too has been dismissed without properly considering the contentions raised therein.