ANIL KUMAR, J. - (1.) MATTER is taken in the revised cause list. None present on behalf of the respondent. Heard Sri U.S. Sahai, learned counsel for the petitioner and perused the record.
(2.) BRIEF facts of the present case as submitted by the learned counsel for the petitioner are that petitioner-plaintiff has filed a Regular Suit No. 238 of 1981 in the court of Munsif, Tarabganj, District Gonda for cancellation of a sale-deed in respect to the house properties as well as agricultural land and also for permanent injunction restraining the defendants from the interfering in the possession of the plaintiff, and from raising any construction over the property in dispute. Defendants filed their written statements inter alia stating that in view of the relief as claimed by the petitioner-plaintiff in the Suit, the same is not cognizable before the Civil Court, thereafter the trial court had framed issues out of which the issue no. 8 was to the effect as to whether the Suit filed by the petitioner is maintainable before the Civil court or not, it is barred by Section 331 of U.P.Z.A.L.R. Act, 1950.
(3.) BY order dated 23.05.1985, the trial court (Munsif Gonda) decided the issue no. 8 in favour of the petitioner, that the Suit filed by the plaintiff is cognizable before the civil court. Aggrieved by the same the defendant-respondents filed a revision registered as Civil Revision No.89 of 1985 (Bhoop Narain Vs. Badri Prasad and others) in the court of Special Additional District Judge, Gonda. The revisional court after placing the reliance on the explanation to Section 331 of U.P.Z.A.L.R. Act, 1950, quoted as under :- 331. Cognizance of suits, etc. under this Act-(1) Except as provided by or under this Act no court other than a court mentioned in Column 4 of Schedule II shall, notwithstanding anything contained in the Civil Procedure Code, 1908 (V of 1908), take cognizance of any suit, application, or proceedings mentioned in Column 3 thereof or of which any relief or of a suit, application or proceedings based on a cause of action in respect of which any relief could be obtained by means of any such suit or application. Provided that where a declaration has been made under Section 143 in respect of any holding or part thereof, the provisions of Schedule II in so far as they relate to suits, applications or proceedings under Chapter VIII shall not apply to such holding or part thereof. Explanation :- If the cause of action is one in respect of which relief may be granted by the revenue court, it is immaterial that the relief asked for from the civil court may not be identical to that which the revenue court would have granted.;