RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Santosh Kumar Mishra, for the petitioner.
(2.) This petition has been filed for setting aside the orders of Civil Judge (J.D.) dated 13.10.2014, deciding issue relating to jurisdiction of civil court to try a suit for cancellation of sale deed, in respect of agricultural land, in favour of the plaintiff and District Judge dated 13.03.2016, dismissing the revision of the petitioner against aforesaid order.
(3.) Shivnath (respondent -1) filed a suit (registered as Suit No. 2694 of 1997) for cancellation of sale deed dated 05.05.1997, allegedly executed by him in favour of Chandrika (the petitioner). It has been stated in the plaint that the plaintiff and defendant -2 are real brothers and original resident of village Naktapar tappa Nagta Tikar, pargana Silhat, district Deoria, where they jointly owned plots 488, 487 and 494. For earning livelihood, the plaintiff used to resides mostly at village Mailani, district Lakhimpur Kheri. Defendant -1 got sale deed dated 05.05.1997, executed through some imposter of the plaintiff and on its basis got his name mutated in revenue records also. Sale deed neither bears the thumb impression of the plaintiff nor photo affixed on it, belonged to the plaintiff. The plaintiff is still in possession of the land subject matter of the sale deed. The plaintiff has neither entered into any agreement to sell nor any sale consideration was paid to him.;