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28. In Ram Roop v. Smt. Budhiya, 1979 RD 212, the character of the document itself was challenged and the suit was essentially not for cancellation of sale-deed. The court found that the suit involved declaration of status of a Sirdar as well as possession over land. The challenge to the document was on the ground of fraud and misrepresentation as her thumb-impressions were obtained by telling her that it was for rationcard. The court found that the suit essentially was not for adjudication of sale-deed to be void, but involved declaration of sale-deed to be void, and involved declaration of status as Sirdar as well as possession.

(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 fact of its cancellation.

7. In view of Section 31 of Specific Relief Act, 1963, a suit for cancellation of sale-deed, void or voidable, is a suit of civil nature and can be filed before Civil Court and Civil Court has jurisdiction to try it under Section 9 C.P.C. A Full Bench of this Court in Ram Padarath v. Second. ADJ, Sultanpur and others, MANU/UP/0475/1988 : 1989 RD 21 (FB), held suit for cancellation of void and voidable sale-deed shall lie in Civil Court. This judgment has been approved by Supreme Court in Bismillah v. Janeshwar Prasad, MANU/SC/0759/1989 : AIR 1990 SC 540.

23. A claimant whose khatedari rights have been decreed by a Revenue Court is however on a different footing from a claimant whose khatedari rights are pending adjudication by a Revenue Court. Where the khatedari rights are yet to be decreed, a claimant must first approach the Revenue Court. The relief to declare the gift deed void and to restrain Respondents 1 to 5 from interfering with or alienating the property vesting in a civil court may be sought for in a suit by a claimant in whom khatedari rights have been decreed by a Revenue Court.

From the various authorities/judgments referred hereinabove, the position which culled out in regard to the questions framed by this Court is as under:-

If a person who questions sale deed executed or purported to be executed by him in respect of agricultural land can file the suit for its cancellation before Civil Court, if it is alleged by him that the sale deed is void or voidable on the ground of fraud, coercion, undue influence, misrepresentation or impersonation. Similarly sale deed executed or purported to be executed by predecessor-in-interest of a plaintiff can also be challenged by him before civil court on the same grounds. However, in such a situation, it is necessary that immediately before the execution of the sale deed, the plaintiff or his predecessor-in-interest must undisputedly be recorded in the revenue records.