D.P.S. Chauhan, J.

1. The unanimity of opinion on the controversy of the nature, as is involved in the present petitions, could not deter the litigants interested in forestalling the proceedings in Civil Court.

2. In the present three writ petitions common question for consideration, as cropped up, is as to- "Whether the jurisdiction of the Civil Court to take cognizance of suits was barred under section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1951 ?" It is settled position of law that the jurisdiction of the Court is determined on the basis of averments in the plaint without reference to the defence in the written statement. In this view of the matter, it is not necessary to consider the defence set up in the written statement.

3. The brief facts are-(a) Suit No. 141 of 1980 was filed by one Kamala Om in the Court of the Munsif, Bansgaon, against Sarvsri Radhey Shyam Ojha and Hari Narain Ojha for the cancellation of the sale deed dated 9-4-1980, which was executed in favour of Radhey Shyam Ojha, defendant, 1, and related to the holdings as well as the house belonging to the plaintiff. The relief was founded on the allegations that the plaintiff who was issue