Civil Procedure Code, 1908
Order 7 Rule 11—Rejection of application—Writ—Respondent had preferred the suit, wherein the petitioner was defendant, to seek a declaration that the gift deed, in respect of agricultural land, executed by the aunt of the parties is void—Petitioner moved an application under Order 7 Rule 11 of CPC on the premise that such a dispute could be agitated only before the Revenue Court, and the jurisdiction of the Civil Court is barred under Section 331 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act—A suit, to seek a declaration in respect of transfer of title to an agricultural land to say that the same is void and to seek a relief of cancellation of the title transferred by the document, would be maintained only in a Civil Court—Plaintiff, who is respondent in the present proceedings, has also sought a declaration in respect of a gift deed executed by the aunt of the parties in favour of the petitioner, that being the only relief, the present suit was clearly maintainable before the Civil Court—Petition dismissed.
[Paras 7 & 8]