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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Mahendra Singh, S/o Sadan Singh – Appellant
Versus
Majhar Ali, S/o Mohd. Saiyed Ali – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute (Para 1 , 2) |
| 2. arguments regarding title and ownership (Para 3 , 8 , 9) |
| 3. court's analysis of evidence presented (Para 7 , 12 , 14) |
| 4. validity of sale deed: void vs. voidable (Para 18 , 19 , 20 , 21) |
| 5. final ruling and order of the court (Para 26 , 27 , 28) |
JUDGMENT :
Ravindra Kumar Agrawal, J.
1. The present appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the plaintiff against the impugned judgment and decree dated 06.09.2005, passed by the 9th Additional District Judge (FTC), Bilaspur, in Civil Suit No. 03-A/2005, whereby the suit of the plaintiff has been dismissed.
2. The plaintiff has filed a civil suit for vacant possession of the suit property of the land administering 4260 sq.ft. situated in the abadi area at village Sirgitti (Mohalla Najarlal Para/Nayapara), Patwari Halka No. 23, Block Bilha, R.I. Circle, Tahsil and District Bilaspur. The pleadings made by the plaintiff in the plaint that, he purchased the suit property through the registered sale deed dated 17.02.1999 from Govind Singh and came into possession of the same. The plaintiff had filed a suit for eviction against one B.K. Sharm
The sale deed executed by the vendor is voidable when he sells beyond his ownership capacity, yet valid for the portion of the property he lawfully retains, entitling the plaintiff to possession.
A sale executed contrary to a will's prohibition is voidable and must be set aside; failure to do so renders the suit for possession untenable.
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
The main legal point established in the judgment is that sale deeds executed in violation of an injunction order are void, and the doctrine of lis pendens applies to such transactions.
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