Allahabad High Court: A Single Judge Bench comprising of Anjani Kumar Mishra, J. dismissed an appeal being devoid of merits.
The appellant has alleged that he met with an accident and got fractured and subsequently the defendant mislead him by obtained his signature by fraud on the pretext of awarding him compensation which was with the intention of executing a sale deed in the defendant’s favour for which no sale consideration till date has been paid to him. He also alleged that the suit was barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act making it cognizable only by the Revenue Court.
Going by the evidences presented, it was seen that the date on which the sale deed was executed, the defendant withdrew from the bank an amount equivalent to the sale amount. Also before the execution of the sale deed, the appellant’s name was recorded over the land in question thus the suit for cancellation of the sale deed needed no declaration of title making it cognizable by the Civil Court. Further when a sale deed was cancelled the revenue entry prior to it revives leaving no room for further declaration.
Accordingly, there was no question as to jurisdiction and henceforth the Court did not find any reason to interfere with the findings of the lower court. [Ram Pal v. Adesh Kumar,2018 SCC OnLine All 2925, 02-07-2018]