S.K.SINGH
JAI SINGH – Appellant
Versus
IIND ADDL. DISTRICT JUDGE, MUZAFFARNAGAR – Respondent
( 1 ) THESE are three writ petitions in which common questions of law are involved and. therefore, they are being taken up together and are being disposed of. The file of Writ Petition No. 9587 of 1988 shall be the leading case.
( 2 ) IN Writ Petition No. 9587 of 1988, Jai Singh v. 2nd Addl. District Judge and Ors. , the courts below have taken a view that the suit for cancellation of sale deed as has been filed by the plaintiff will lie in the civil court even though the plaintiff is not recorded in the revenue papers and documents sought to be cancelled in view of the pleadings, appear to be void.
( 3 ) IN Writ Petition No. 29170 of 1990, Ramapati v. Babau and Ors. , the courts below after repelling the plea of the petitioner, held that the civil court has jurisdiction to try the suit.
( 4 ) IN Writ Petition No. 19105 of 1987, Tara Chand and Ors. v. IInd Addl. District Judge and ors. , there was a question of abatement of the suit under the provisions of U. P. Consolidation of holdings Act. The trial court, on the application moved by the defendants directed that the suit will abate under Section 5 of U. P. Consolidation of Holdings Act but on filing revision by t
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