Learned counsel for the petitioners submitted that Smt. Shyama executed a Will in favour of Vijendra Singh on 23.11.1988 and she died on 24.11.1988. On the basis of the Will, the name of Vijendra Singh has been recorded in the revenue record. The petitioners purchased the land in dispute from Sri Vijendra Singh and their names have also been recorded in the revenue record as Bhumidhars. The respondent filed a suit for declaration and the cancellation of the sale deed on the ground that one Will has been executed in his favour by the deceased. Learned counsel for the petitioner submitted that the name of respondent has not been recorded in the revenue record therefore, the suit is not maintainable and for the declaration of his title the respondent may file a declaratory suit before the revenue court. The petitioners accordingly filed an application under Order 7, Rule 11 C.P.C. which has been rejected by the trial court and the revision filed against the same has also been dismissed.
The matter requires consideration.
Issue notice to respondent, returnable at an early date. The petitioners may take steps within two weeks.
List in week commencing 2.5.2011.
Till the next date of listing, the further proceeding in Original Suit No. 931 of 2006 (Ghanshyam Singh Vs. Sri Vijendra Singh and another) pending before the Civil Judge (Junior Division), Agra shall remain stayed.
Order Date :- 18.3.2011 OP