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2002 Supreme(All) 1583

S.N.SRIVASTAVA
KISHORI PRASAD – Appellant
Versus
IIIRD ADDITIONAL DISTRICT JUDGE, VARANASI – Respondent


Advocates Appeared:
ADITYA NARAIN, Sankatha Rai

S. N. SRIVASTAVA, J.

( 1 ) THIS petition has been filed canvassing the validity of the judgment dated 24-1-1983 passed by the Revisional court thereby allowing the revision and holding suit not maintainable in Civil courts. As a necessary consequence, the judgment dated 22-8-82 passed by Munsif havali Varanasi in O. S. No. 141 of 1982 was reversed.

( 2 ) THE facts may be stated in brevity and with appropriateness and they are that petitioner Kishori Prasad instituted a declaratory suit claiming that sale deed executed on 17-4-1981 was void document and the same be declared as void and communication be made to the Registrar Varanasi. accordingly. The further relief claimed in the suit is for injunction and for possession. According to the plaint allegations, the land in dispute is a plot bearing No. 92/1 admeasuring 6 decimal situated in village rohta, District Varanasi that one Hanuman arrayed as defendant No. 2 was Bhumidhar of the land in dispute; that the claim of the plaintiff was based on alleged sale deed dated 24-11-81 executed by Hanuman defendant No. 2; that Smt. Munni Devi. defendant No. 1 and his two minor sons got a registered sale deed executed in their favour on 17-4-8

















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