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 ... subject-matter of sale-deed as such the suit is essentially a suit for declaration of title and possession over agricultural land. Jurisdiction of Civil
suit, there was no restraint order passed by the trial court. It has also been submitted that a Suit for Declaration under Section ... executed on 31.7.2010, giving him the authority to prosecute the pending Suit for Declaration in the Court of the Sub Divisional Officer, as is evident
file a suit for
cancellation of sale deed before a Civil Court and he
cannot be directed to file a suit for declaration ... pendency of a suit, the said provision
is applicable to a suit for division of holding and the
Court in which suit under Section
suit under Section 229B of U.P.Z.A & L.R. Act filed a Civil Suit No.355 of 2007 also for declaration that ... been excepted. A suit under Section 229-B falls within the excepted category and such suits even though they involve declaration are suits
suits unless barred.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits ... suit in Civil Court for cancellation of sale deed obtained by fraud or impersonation could not be directed to institute such suit for declaration
after 19 years in appeal rather they can file their fresh suit for declaration of their rights. He further submitted that remand order passed ... connected with the pending suit, instituted by the plaintiff respondents.
Only after the petitioner institutes a suit for declaration in his favour can any effective
learned counsel for the respondent- Land Management Committee submitted that the suit for declaration has already been filed by the petitioners, which is pending before ... Tahsildar in favour of private respondent in the year 2011 and suit for declaration filed by the petitioners themselves is pending before the regular Court
determined only by Revenue
Court. He was, therefore, obliged to file suit for
declaration in Revenue Court under Section 229B of the
Act.
The Appellate ... suit in Civil Court for cancellation of
sale deed obtained by fraud or impersonation could not
be directed to institute such suit for declaration
declaration that he is an asami of the holding, or.
(b).for a declaration of his share therein;
(2) In any suit under Sub-section ... suits unless barred.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits
pendency of a suit, the said provision is applicable to a suit for division of holding and the Court in which suit under Section ... provides for grant of temporary injunction only in respect of suit for declaration filed under Sections 229B and 229C, the provisions of Order XXXIX
