Code of Civil Procedure, 1908–Order 7, Rule 11–Suit for cancellation of sale deed and granting the permanent injunction–Suit was dismissed as triable by Revenue Court–Appreciation of–Land was recorded in name of two brothers LU & LA–Death of LA being issueless–Land was devolved in respondents B & M–They sold the whole land through regd. sale deed–Share of LA remained continuous and it devolved in R-1 to R-7–Sale of share of LA cannot be declared void until the decree of declaration of obtained–Such relief can be obtained by filing the revenue suit u/s. 188–Held, trial Court should have dismissed the plaint instead of suit–Order modified accordingly.
