Civil courts have jurisdiction to entertain suits for cancellation of sale deeds on grounds of fraud, and concurrent findings of fact by lower courts cannot be disturbed unless found to be perverse.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Mohammad Ehtesham Khan, learned counsel for the appellant alongwith Shri Shashi Kant Mishra, Sri Raghaw Ram Upadhyay, learned counsel for the respondent no.1 and Shri Anshuman Singh Rathore, learned counsel for respondent no.2.

2. The instant Second Appeal has been filed under Section 100 of the Civil Procedure Code, 1908 (here-in-after referred as CPC ) against the judgment and decree dated 10.12.2013 passed in Regular Suit No.1129 of 1992; Pran Dei (deceased) substituted by legal heir Smt. Karma Dei versus Ram Baran and another by Additional Civil Judge (Jr.Div.), Court No.31, Sultanpur and judgment and decree dated 29.09.2018 passed in Civil Appeal No.36 of 2014; Ram Baran Versus Sheetala Prasad and others by the VI^th Additional District Judge, Sultanpur.

3. The appeal has been admitted on the following substantial question of law framed in the memo of appeal:-

“Whether the civil court was competent to entertain a suit for cancellation of sale deed dated 22.04.1987 on behalf of Mst. Pran Dei who was not recorded over the land in question or the said suit was maintainable before the revenue courts in terms of the provisions contained under Section 229-B of the U.P.Z.A.& L.R.Act?”

4. A suit for cancellation of sale deed dated 20.04.1987 was filed by the predecessor-in-interest of plaintiff/respondent no.1 i.e. Pran Dei with the allegation that the land in dispute bearing Gata No.839 having an area of 2 bigha, 4 biswa and 17 dhur, situated in village Salahpur, Pargana-Meeranpur, Tehsil and District-Sultanpur was recorded in the name of Ram Dev son of Nohar. He remained in possession of the said land during his life time. He died in the year 1987. He had only one daughter, namely, Smt. Karma Dei, who was married to Ram Akbal, resident of Village-Mainapur, Pargana- Aldemau, Tehsil-Kadipur, District-Sultanpur. The suit was filed by Smt. Pran Dei, wife of Ram Dev, claiming that she is widow of deceased Ram Dev and is only legal heir and after his death she is owner and in possession of all immovable and movable properties of the deceased Ram Dev. The deceased Ram Dev had not executed any sale deed or Will deed in favour of anybody in his life time. The defendant/respondent no.2 herein i.e. Radhey Shyam had got the land in dispute recorded in his name on the basis of a Will. On coming to know about the same she filed an application on 17.09.1992 for removal of his name from the revenue records, which is pending. On 20.09.1992 when she inquired from the defendants about the forged order made in their favour then it came to light that a sale deed has also been executed in favour of the defendants i.e. the defendant/appellant and defendant no.2/respondent no.2. She was astonished to hear it and she moved an application for certified copy of the documents, which was received by her on 09.10.1992. 10.10.1992 and 11.10.1992 were holidays, therefore, she filed the suit for cancellation of