ALLAHABAD HIGH COURT
K. B. Asthana, J.
Ramdhari Plaintiff v. Jodhan
| Table of Content |
|---|
| 1. civil court's jurisdiction for cancellation of sale. (Para 1) |
| 2. correct legal procedure for seeking specific relief. (Para 2) |
| 3. cited cases support jurisdiction analysis. (Para 3) |
| 4. final ruling and remand to trial court. (Para 4) |
1. Having heard the learned counsel for the parties, I think the judgment and decree of the Court below has to be set aside.
2. The relief sought in the suit was that the sale deed executed by the first set of defendants in favour of the second set of defendants on 23-9-1968 was void and be cancelled. Such a relief can be claimed under S.31 of the Specific Relief Act as the plaintiff alleged in the plaint that if the said sale deed is left outstanding it may cause him a serious injury. It is well settled that a specific relief for cancellation of an instrument can only be granted by a civil court and not by a revenue court notwithstanding that the subject - matter of the said sale deed is agricultural land. The view taken by the court below that the plaintiff ought to have filed a suit for a declaration of his rights in the disputed agricultural land and his suit though framed in the manner seeking a relief for cancellation in effect an
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