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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Rajeev Gupta – Appellant
Versus
Prashant Garg – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE APPEAL
1. This appeal, by special leave, is at the instance of the second to fifth defendants1 [appellants, hereafter] in a suit for cancellation of sale deeds, recovery of possession and injunction. The appellants mount a challenge to the judgment and decree dated 21st September, 2021 of the High Court of Judicature at Allahabad2 [High Court, hereafter] dismissing their second appeal under Section 100 of the Code of Civil Procedure, 1908.3 [CPC, hereafter] In such appeal, the first appellate judgment and decree was under challenge which reversed the decree of the trial court of dismissal of the civil suit instituted by the respondent 1.
RESUME OF FACTS
2. The factual conspectus of the case, to the extent relevant for adjudication of the present lis, is set out below:
(1) Period of limitation – If cause of action to sue means accrual of right for an actionable claim, it is the moment from which such right first accrues that clock of limitation would start ticking ....
The application of Section 17 of the Limitation Act to protect the rights of a party defrauded from lapse of time until they remain in ignorance of the fraud, and the presumption of validity of a reg....
The main legal point established in the judgment is that sale deeds executed in violation of injunction orders and lacking legal sanctity can be declared null and void, and the issue of limitation ca....
Sale deeds executed against injunction orders lack legal sanctity; thus, the cancellation of such deeds is upheld based on prior court judgments.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
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