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Documents citing Ganga Prasad And Another vs Ram Das Alias Pappu And 7 Ors. on 14 May, 2014

Ram Rikhi vs Ram Lachan on 12 February, 2024

17. Before a coordinate Bench of this Court in the case of Ganga Prasad and another Vs. Ram Das Alias Pappu and others13, the order under challenge was passed in an appeal whereby an order passed by the trial court in an Original Suit deciding issue no. 8 against the plaintiffs had been set aside and the matter was remitted to the trial court to decide the suit on merits. The suit was instituted by the plaintiff-respondents against defendant-appellants for cancellation of a sale deed executed by the father of the plaintiffs on the ground that sale deed was got executed by coercion and by playing fraud on him. In the written statement filed by the defendants, it was pleaded, inter alia, that the suit was barred by Section 331 of the Act, 1950 as the property in the related sale deed was agricultural land and pursuant to the sale deed in question, the names of the defendants stood mutated in the revenue record and therefore, without seeking declaration of rights over the property, no relief could be granted by a civil court and as revenue court alone has power to declare bhumidhari rights, the suit was not maintainable before the civil court. After noticing the cases of Dhurandhar Prasad Singh, Gorakh Nath Dubey, Smt. Bismillah and Ram Padarath, it was observed as follows:
Allahabad High Court Cites 20 - Cited by 0 - J Banerji - Full Document
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