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1996 Supreme(All) 1

B.S.CHAUHAN
DWARIKA SINGH, SON OF RAM LAGAN SINGH – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
D.B.YADAV, GANGA PRASAD ROY, K.N.YADAV, R.N.SINGHA, S.N.Singh, S.S.Chauhan

B. S. CHAUHAN, J.

( 1 ) THE present petition has been filed against the judgment and order of the District Judge, Jaunpur dated-12-1982 (Annexure 3 to the writ petition), wherein the learned District Judge has upheld the judgment and order of the learned Munsif dated 15-2-1981 (Annexure 2 to the writ petition ).

( 2 ) THE factual gamut of the case is that one Smt. Patiraji, respondent No. 3, filed Civil Suit No. 112 of 1974 on 16-4-1974 before the learned Munsif for the cancellation of the sale-deed of the agricultural land dated 14-9-1973 which had subsequently been registered on 25-9-1973 on the ground that respondent No. 3, who owned and possessed the land in dispute, had never executed the said sale-deed and it had been obtained by playing fraud as some one had been imposted as the vendor to execute the said sale-deed. The present petitioner who was the defendant in the said suit raised the preliminary objection that the Civil Suit was not maintainable as the Civil Court has no jurisdiction over the matter and the Revenue Court was the only Forum to cancel the said sale-deed. The learned Munsif, vide his order dated 15-9-1981 rejected the preliminary objection raised by the pres















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