JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether jurisdiction of the Civil Court is barred in respect of grant of a relief for setting aside a deed of gift in terms of Section 49 of the U.P. Consolidation of Holdings Act, 1953 (for short, ‘the 1953 Act’) is in question in this appeal. It arises out of a judgment and order dated 26.5.2005 passed in CMWP No.1920 of 1999 passed by a learned Single Judge of the High Court of Judicature at Allahabad.

3. The basic fact of the matter is not in dispute.

One Ram Baran Tewari was the owner of the property. He died on 12.7.1927 leaving behind two sons, Devki Nandan and Lalta Tewari as also a daughter Bishundai. Lalta Tewari died on 4.3.1927 leaving behind his widow, Bhagwanta Kunwar. Bhagwanta Kunwar died on 10.8.1949. Devki Nandan died on 3.12.1952 leaving behind a daughter Parma Devi. Murli Dhar Mishra, Madan Mohan Mishra and Akhilesh Mishra are her sons. Bishundai died leaving behind her daughter Ghoora Devi. Respondent Chandrika Pandey is her husband.

4. Bhagwanta Kunwar filed a suit for partition in the year 1949 in terms of the provisions of U.P. Tenancy Act claiming half share in the properties of the said Ram Baran Tiwari. The s