suit as framed does not come within the purview of Sections 229B and 229C which can be brought within the ambit of Serial ... Schedule II deals with suit for declaration of right under Sections 229, 229B and 229C. Therefore, if the present suit is a suit for declaration
pertaining to the suit for declaration of right under Sections 229, 229B and 229C, the Court further observed :
"Therefore, if the present suit ... suit for declaration within the meaning of Sections 229, 229B and 229C and in that event the suit before the civil court cannot be entertained
suit for declaration of right within the ambit of Sections 229, 229B and 229C of the said Act. From the plaint, it does not appear ... dispute within the meaning of Sections 229. 229A and 229B of the Act. Section 229 deals with declaratory suit, while
Section 229A refers to trespass
temporary injunction only in respect of suit for declaration filed under Sections 229B and 229C, the provisions of Order XXXIX of Code of Civil Procedure
suit was rejected.
2. The Collector, Shahjahanpur filed a suit under Section 229B/209 of U. P. Zamindari Abolition and Land Reforms Act on behalf
land in question covering area of 16.57 acres on 4.9.1972, under Section 229B of U. P. Zamindari Abolition and Land Reforms Act, before the Revenue
holder over the land in dispute. The petitioners filed suit under Section 229B of U. P. Z. A. and L. R. Act on 17.3.1988 against
daughter Smt. Chukharia, respondent No. 3, filed suit for declaration under Section 229B of U. P. Zamindari Abolition and Land Reforms Act claiming that
paragraph recites that the petitioner Sushamakar Dubey had filed suit under Section 229B
order of the Consolidation Officer, had filed a suit under Section 229B of U.P. Zamindari Abolition and Land Reforms Act and had specifically said