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ARUN KUMAR JHA
Meena Devi – Appellant
Versus
Sushila Devi – Respondent
Arun Kumar Jha, J. – The instant appeal has been filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) against the judgment and decree dated 12.03.2008 and 29.03.2008, respectively, passed in Title Appeal No. 53 of 2005 by the learned Additional District & Sessions Judge, Fast Track Court No. 1, Nalanda reversing the judgment and decree dated 19.10.2005 and 27.10.2005, respectively, passed in Title Suit No. 162 of 2002 by the learned Subordinate Judge-I, Biharsharif (Nalanda) whereby decreeing the suit in favour of the plaintiffs/appellants.
2. The appellants were the plaintiffs/respondents and the respondents herein were defendants/appellants before the learned courts below. The plaintiffs before the learned trial court filed the suit for declaration of their title on the suit property mentioned in the plaint and also for partition of suit land to the extent of 50 paise and to carve out their shares by appointment of Survey Knowing Pleader Commissioner and also to declare the sale-deed dated 27.09.1967 forged and fabricated and also to set aside the sale deed. The suit property as described in the plaint is a residential house comprisi
The court established that a sale deed can be declared void if proven to be forged, and that limitation does not apply when the party was unaware of the document's existence due to fraud.
A document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
The court emphasized that evidence cannot be adduced contrary to the arguments in a written document and held that the relief of partition cannot be granted in the face of a document registered lawfu....
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The sale deed executed without legal necessity and consideration does not bind the joint family properties, affirming the plaintiffs' entitlement to a share.
When suit is barred by limitation, same ought to have been considered by First Appellate Court.
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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