R. M. Sabai, J.

1. THIS is defendant's revision directed against order dated 10-2-1978 passed by Munsif Gonda on preliminary issue of jurisdiction whether suit for cancellation of sale deed dated 26-11-1974 was maintainable in Civil Court or Revenue Court. In plaint it was alleged that vendor remained sirdar and as he never became bhumidhar sale deed executed by him was illegal. It was also alleged that there was no necessity to execute sale deed and it was obtained without consideration. In sub-paragraphs 5,6 and 7 of paragraph 4 it was alleged that Rajkumar Singh was hard of hearing and was suffering from acute disease in his leg which had to be operated and he was confined to hospital from 19-11-1970 to 24-11-1972. Due to these diseases his mind was affected since January 1973 and he was not in a condition to execute any sale deed nor could he understand its import. And as he bad grown very weak anyone could pursuade him and get any document executed.

2. RELYING on 1979 AWC 524 and AIR 1968 SC 859 it has been argued by learned counsel for applicant that on the plaint allegations the sale deed was void therefore the suit lay in Revenue Court as in fact it was suit for dec