RAJENDRA KUMAR AND ANOTHER Vs. 1ST ADDITIONAL DISTRICT JUDGE, SAHARANPUR AND OTHERS
LAWS(ALL)-2006-3-321
HIGH COURT OF ALLAHABAD
Decided on March 01,2006

Rajendra Kumar And Another Appellant
VERSUS
1St Additional District Judge, Saharanpur And Others Respondents

JUDGEMENT

Bharati Sapru, J. - (1.) This petition has been filed seeking a writ of certiorari to quash the orders dated 10.4.86 and 15.9.81 passed by respondent No.1 & 2 respectively.
(2.) The facts of the case are that the petitioner filed suit No.145 of 1979 in the Court of respondent No.2 for the cancellation of sale deed dated 19.5.76 executed by the wife of respondent No.4 Smt. Hukumwati in favour of respondent No.3. The petitioner also claimed for injunction to restrain respondent No.3 from interfering in the peaceful possession of the plaintiff. The suit had been filed on the allegation that Khasra No.228 had been partitioned on 16/12/67 through registered partition deed between Shri Deep Chand, the grand father of the petitioner and Smt. Humkum Devi and Smt. Hukumwati who were co-sharers in the above Khasara. The contention was that even though the property in suit has been partitioned as stated above, Smt. Humkumwati-wife of respondent No.4 had sold her share in Khasara as undivided share.
(3.) Being aggrieved by this, the petitioner has sought for cancellation of the sale deed made by Smt. Hukum Devi. The trial court framed six issues and came to the conclusion that the land in question was the agricultural land and, therefore, the revenue court along could grant the relief claimed for in the relief.;


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