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1982 Supreme(All) 309

S.C.MATHUR
INDRA DEO – Appellant
Versus
RAM PYARI – Respondent


S. C. MATHUR, J.

Plaintiffs have directed this appeal against the order of the lower appellate Court allowing the appeal of the respondents and directing return of appellants plaint to them for presentation to proper Court on the ground that the suit is not cognizable by the Civil Court in view of the pro vision contained in Section 331 of the U. P. Zamindari Abolition and Land Reforms Act, hereinafter referred to as the Act.

In the above suit the plaintiffs-appellants "claimed a decree for cancella tion of the sale deed dated July 10, 1969 executed by Smt. Ram Pvari Devi, mother of appellant No. 1 Indra Deo minor in favour of Bramha Nand respondent No. 1 in respect of certain agricultural plots. The cancellation was sought on the ground that Smt. Ram Pyari had no interest in the pro perty in suit and, therefore, she was not entitled to execute the sale deed. The appellants claim was that they were the Bhumidhars of the land in dispute. The learned District Judge held that the allegations made in the plaint amounted to saying that the sale deed was a void document. On this basis reiving upon Section 331 of the Act and the decisions of their Lordships of the Supreme Court in Gorakh N




















































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