Surya Prakash Kesarwani, J. - (1.) Heard Sri Adarsh Kumar, learned counsel for the plaintiff-petitioner. Question involved
(2.) Whether jurisdiction for cancellation of gift of agricultural land made by defendant No.1 Tulsi Ram to his son Shivendra Singh by deed dated 29.7.2013 shall lie with the civil court under Section 9 C.P.C. read with Section 31 of the Specific Relief Act, 1963 OR. it shall lie with the Revenue Court under Section 229 B of U.P. Z.A. & L.R. Act, 1950 when the plaintiff No.1 alleged that the disputed property was a benami purchase by her husband in the name of the defendant No.1 Tulsi Ram ?
(3.) Briefly stated facts of the present case are that as per registered sale deed dated 27.3.1997 Khasra Plot Nos. 560 A and 560 B, situate in Village - Raugaon, Tehsil - Bilhaur, District - Kanpur Nagar, were purchased by one Sri Tulsi Ram (father in law of the plaintiff-petitioner No.1 and grand father of the plaintiff-petitioner nos. 2 and 3) and his name was mutated in the revenue records. Subsequently, the aforesaid Tulsi Ram gifted the aforesaid land to his younger son Sri Shivendra Singh ( defendant No.2/respondent no.4) by a registered gift deed dated 29.7.2013. Accordingly, the name of the defendant no.2/respondent no.4 was mutated in the revenue records and he is the recorded tenure holder.;