M.M.PUNCHHI, M.N.VENKATACHALIAH
Bismillah – Appellant
Versus
Janeshwar Prasad – Respondent
JUDGMENT
VENKATACHALIAH, J.:- The question raised in this petition for special leave is whether the jurisdiction of the Civil Court to entertain appellants suit No. 254 of 1980 in the Court of Additional Civil Judge, Saharanpur for cancellation of certain sale-deeds respecting agricultural lands, and for possession is barred by S. 331 of the U. P. Zamindari Abolition and Land Reforms Act, (1951 Act).
The High Court by its order dated 30th November, 1984, in Civil Revn. No. 379 of 1983 (reported in 1985 All LJ 325) was persuaded to the, view, in reversal of the finding to the contrary on the preliminary issue as to jurisdiction recorded by the trial Court that the averments in the plaint in substance amounted to a plea of nullity of the transactions and that the main-relief in the suit was really one for "possession", grantable exclusively by the Revenue Court. Accordingly, the High Court directed the return of the plaint for presentation to the proper Court.
We have heard Dr. Shankar Ghosh, learned Senior Advocate for the appellant and Shri R. K. Jain, learned Senior Advocate for the respondents. Special leave is granted. The appeal is taken up for final hearing, heard and disposed of
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