K.P. Singh, J. - (1.) By means of this writ petition the petitioners have prayed for quashing the judgment of the appellate court dated 16 -7 -82 whereby the order of the Trial Court abating the suit under S. 5(2) U.P. Consolidation of Holdings Act, has been set aside. The plaintiff -opposite party 2 in the present writ petition filed the suit for cancellation of sale deed alleged to have been executed by Hit Karan Singh in favour of the defendants -petitioners. The main allegations for attacking the sale deed are that the sale deed was executed in favour of contesting defendants with regard to the property mentioned in Schedule 'C', but fraudulently the plots mentioned in Schedules 'A' and 'B' were also incorporated in the sale deed. It has also been alleged that the tenure -holder had not obtained requisite permission for executing the sale deed in respect of the plots sold, hence the sale deed was void.
(2.) The defence in the case was that the civil court had no jurisdiction and that the document challenged by the plaintiff -opposite party was really a void document on the allegations made in the plaint, hence the suit was liable to be abated under S. 5(2), U.P. Consolidation of Holdings Act.
(3.) The trial court through its order dated 3 -2 -1981 accepted the defence and abated the suit. In appeal the lower appellate court has allowed the appeal and has set aside the judgment of the Trial Court.;