Roshan Prasad and Another vs Shiv Pal and Others

J.S. Verma, C.J.—Leave granted.

The appellants filed a suit for setting aside an auction-sale on the ground of fraud. The trial court and the revisional court held, that the suit was maintainable. But the High Court in a writ petition filed by the present respondent took the contrary view that the suit was not maintainable on the basis of Section 330(c) of the U.P.Zamindari Abolition and Land Reform Act.

A bare perusal of Section 330(c) of the U.P.Zamindari Abolition and Land Reforms Act, 1950 read with the proviso to Rule 285-K framed thereunder, is sufficient to indicate that the institution of a suit in the civil court for the purpose of setting aside a sale on the ground of fraud is not proviso to Rule 285-K. Even otherwise, a suit of this nature does not fall within the ambit of the bar of jurisdiction of civil courts indicated u/s 330 of the Act.

Accordingly, the appeal is allowed and the impugned judgment of the High Court is set aside. No costs.