- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition arises out of the proceedings in suit No. 53 of 1980 filed by the petitioner for permanent injunction to restrain defendant No. 5, their father from executing a sale-deed of the land in dispute in favour of defendant Nos. 1 to 4. The Munsif, Hawali, Saharanpur ordered the return of the plaint on the ground that the Revenue Court could grant a declaration and as such, the Revenue Court had jurisdiction in the matter. The petitioner filed a revision against the said judgment which was dismissed vide order dated 22-2-84. It is urged by the Counsel for the petitioner that every injunction will be preceded by some declaration and the Courts below have erred in not considering that the main relief was not declaration but injunction could not be granted by the Revenue Court. He further submits that the orders and judgments of the Courts below are erroneous apparent on the face of the record. At the time of admission this Court by an interim order dated 12-7-84 directed that until further orders, further proceedings before the lower Court shall remain stayed. It is submitted by the Counsel for the respondents that the learned Munsif decided the controversy in accordance with law and has rightly held that on the plaint allegations the relief can be granted by the Revenue Court and therefore, he rightly ordered the return of the plaint so that the plaintiff could present the plaint in the Revenue Court.
(3.) THE Counsel for the petitioner has rebutted the contention of the Counsel for the respondents on the ground that the suit was triable by the civil Court. THE solitary name being recorded, the sale-deed could only be avoided after the title had been proved by a suit and then the suit would have to be filed for cancellation of the sale-deed which would also lie in the civil Court. THE preventive injunction could not be granted by Revenue Court which is the basic relief at the stage, though every injunction will follow only after some sort of declaration as already alleged in the original affidavit. There are numerous decisions of this Court on the point i. e. whether the Revenue Court or the Civil Court in such circumstance will have the jurisdiction.;