Civil court jurisdiction over cancellation of sale deeds concerning agricultural land remains available where cancellation is the real relief sought.

The exclusion of civil court jurisdiction is to be strictly construed, and the plaint must be read as a whole to identify the real cause of action. A suit seeking cancellation of sale deeds said to have been executed fraudulently or without authority is not treated as a mere claim of nullity where the legal effect of the documents must first be removed by cancellation. The distinction between void and voidable transactions is material, and such a claim generally remains cognisable by the civil court. Accordingly, Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1951 did not bar jurisdiction, and the plaint was maintainable.

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Issues: Whether the jurisdiction of the civil court to entertain a suit for cancellation of sale deeds relating to agricultural land and for possession is barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1951.

Analysis: The exclusion of civil court jurisdiction is not to be readily inferred and must be strictly construed. For deciding jurisdiction, the plaint has to be read as a whole and the real substance of the cause of action must be ascertained, not isolated expressions. A suit seeking cancellation of sale deeds executed on an allegedly fraudulent or unauthorised basis is not necessarily a mere plea of nullity; where the legal effect of the document must first be removed by cancellation, the cause of action remains one cognisable by the civil court. The distinction between a void document and a voidable transaction is material, and the authorities relied upon support the view that a suit for cancellation of such deeds generally lies in the civil court.

Conclusion: Section 331 did not bar the civil court's jurisdiction in the present suit, and the plaint was maintainable before the civil court.

Ratio Decidendi: Where a plaint, read as a whole, discloses a cause of action for cancellation of sale deeds before possession and other consequential relief can be claimed, the civil court's jurisdiction is not excluded merely because the subject matter concerns agricultural land.

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