RAM AUTAR Vs. IV ADDITIONAL DISTRICT JUDGE GHAZIPUR

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution impugned orders dated 14-8-1987 and 2-8-1986 passed by IVth Additional District Judge and Ilnd Upper Munsif Mohammadabad respectively are sought to be quashed.

(2.) IT appears that respondent no. 3 Smt. Duija filed a suit for cancellation of the gift deed dated 8-2-1983, and for permanent injunction alleging that the alleged gift deed was got executed by playing fraud on the plaintiff. The suit was contested by the petitioner denying plaint allegations and alleging that the suit was cognizable by Revenue Court and not by the Civil Court. In the written statement (vide paras 5, 6 and 9) it was also alleged that the plaintiff respondent no. 3 is very wise lady and the contents of the gift deed were explained to her by the Registrar at the time of registration and being fully conversant with the facts stated in the gift deed, she made signatures and no fraud was committed on her. Preliminary issue was framed whether the suit for cancellation of the gift deed was maintainable in the civil court or in the revenue court. By the impugned orders it was held that the suit was maintainable in the Civil Court. Hence present petition.

(3.) HAVING heard learned counsel for the parties main point for determination is whether civil court has jurisdiction against the cause of action to the effect that the gift deed has been executed as alleged by the plaintiff respondent no. 3 by playing fraud on her and in view of the allegations in the written statement the said deed was valid and genuine. The next point is whether for cancellation of such a deed the suit was maintainable in the civil court or the deed may be taken to be void and the same need not be cancelled rather it may be ignored by plaintiff.