Civil court jurisdiction survives for cancellation of a fraudulent sale deed when no declaration of title is sought.

A civil suit seeking cancellation of a sale deed on grounds of fraud or misrepresentation is maintainable where the plaintiff does not seek declaration of title and relies on prior sale deeds showing prima facie title. Section 331 of the U.P. Zamindari Abolition and Land Reforms Act bars civil court jurisdiction only when the relief claimed falls within the exclusive competence of the revenue court. Cancellation of an allegedly fraudulent deed is distinct from a declaration of title or tenancy rights, and the revenue court cannot grant such cancellation relief. The suit was therefore not barred and could proceed in civil court.

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Issues: Whether a civil suit for cancellation of a sale deed on the ground of fraud and misrepresentation, without seeking declaration of title, is barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Analysis: Section 331 excludes civil court jurisdiction only where the relief claimed falls within the exclusive competence of the revenue court. A suit confined to cancellation of an allegedly fraudulent sale deed is materially different from a suit seeking declaration of title or tenancy rights. Where the plaintiff claims under prior sale deeds and its prima facie title is not under cloud, the plaintiff cannot be compelled to seek declaratory relief before the revenue court merely because the subject property is agricultural land. The relief of cancellation of a deed obtained by fraud or misrepresentation remains cognizable by the civil court.

Conclusion: The suit was maintainable in the civil court and was not barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Ratio Decidendi: A suit for cancellation of a sale deed on grounds of fraud or misrepresentation is maintainable before the civil court where the plaintiff, as a recorded tenure holder with prima facie title, does not seek declaration of title and the revenue court lacks jurisdiction to grant cancellation relief.

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