U. C. Srivastava, J. - (1.) THE controversy regarding the jurisdiction of Civil Court and Revenue Court in entertaining a suit regarding agricultural land seems to have not ended during the past more than 40 years and the same has engaged the attention of several Division Benches. THE entertainability of the suit regarding cancellation of void instrument and documents has engaged the attention of various Benches in the past. This reference to the Full Bench has been made by a learned Single Judge of this Court who earlier after taking into consideration various decisions had taken the view in Indra Dev v. Smt. Ram Piari, 1982 (8) ALR 517, that such suits are cognizable by the civil court. THE reference in question was made on the ground that the Division Bench decision of this Court in Dr. Ayodhya Prasad v. Gangotri Prasad, 1981 AWC 469, holding the contrary view that such suits are cognizable by the revenue court was not taken notice of.
(2.) IN the case under reference relief of the cancellation of the sale-deed and permanent injunction was claimed on the ground that the same was executed by some one personating for the plaintiff who still continued to be tenure-holder in possession of the land in question. Few other cases involving the question of jurisdiction of civil court and revenue court regarding agricultural land have also been grasped alongwith this writ petition involving the ambit and interpretation of Section 331 of U. P. Zamindari Abolition and Land Reforms Act, as such this aspect which was also argued has been considered in this judgment. We have heard learned counsel for the parties canvassing one view or the other.
(3.) SUIT for cancellation of a sale-deed or other instruments and documents are essentially suits of civil nature. Every suit of civil nature is cognizable by a civil court except cognizance of which is expressly or impliedly barred. In Abdul Waheed Khan v. Bhawani, AIR 1966 SC 1718, it was observed : "It is settled principle that it is for the party who seeks to oust the jurisdiction of civil court to establish his contention. It is also equally well settled that a statute ousting the jurisdiction of a civil court must be strictly construed." Section 31 of the Specific Relief Act makes specific provision for cancellation of void aswell as voidable instrument. Suits for cancellation of such documents being of civil nature are cognizable by a civil court and even otherwise suits claiming relief provided under Specific Relief Act are entertainable only by a civil court and no revenue court or any other court can entertain such a suit including for cancellation of an instrument or document. Section 31 of the Specific Relief Act reads as under : "Section 31. When cancellation may be ordered- (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable, and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. (2) If the instrument has been registered under the Indian Registration Act 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered and such officer shall note on the copy of the instrument contained in his books the facts of its cancellation." Thus one who has reasonable apprehension that any instrument if left outstanding may cause him serious injury can approach a competent court of law to get it cancelled. Sub-section (2) of Section 31 casts a mandatory duty upon the court passing a decree to send a copy of the same to the registering officer, who is enjoined by law to make a note on the copy of such document regarding the order of its cancellation passed by a particular court and after such an endorsement is made, the document becomes legally ineffective and no benefit of the same can be derived by any one. If a certified copy of such a document is issued it would obviously contain the note regarding its cancellation by a court of law.;