Arun Tandon, J. - (1.) Heard Sri R.N. Singh Advocate on behalf of the petitioner and Standing Counsel on behalf of the Respondent.
(2.) Original Suit No. 77 of 1984 was filed by Smt. K. Devi against the petitioner Sheo Prasad Mishra. The relief prayed for in the said suit is only one namely, cancellation of a registered sale deed executed on 19.11.1983. In the said suit it was alleged that the plaintiff is the recorded tenure holder and an imposter has executed said sale deed, which has been registered in the office of Sub Registrar on 19th November, 1989. It was, therefore, prayed that the said sale deed may be cancelled.
(3.) On behalf of the defendant objection was raised that the suit as filed by the plaintiff was not maintainable and was barred by provisions of Section 331 of the U.P.Z.A. & L.R. Act. The issue framed in that regard was decided against the defendant and the Munsif by means of the order dated 31st January, 1985 held that the suit filed by the plaintiff was maintainable before the Civil Court.;