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SANJEEV SACHDEVA, MANOJ JAIN
Tara Singh – Appellant
Versus
Jasvinder Kaur – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Appellant impugns order dated 25.02.2023 whereby the suit filed by the appellant seeking a declaration that the registered sale deed dated 01.06.2004 in favour of the respondent is null and void being without any consideration.
2. Appellant and respondent no. 1 were married and their marriage has been dissolved by a decree of divorce dated 19.05.2015.
3. A sale deed was executed by the appellant in favour of the respondent no. 1 on 01.06.2004.
4. Appellant had taken a loan and the sale deed was deposited with the respondent no. 2, the bank as a security. After the discharge of the loan, the bank refused to return the sale deed to the appellant and as such respondent no. 2 bank was impleaded as a party. It is informed by learned counsel for the appellant that after the passing of the impugned judgment, the sale deed has already been released to the respondent no. 1 by the bank.
5. A civil suit was filed on 16.03.2013 by the appellant under Section 31 of the Specific Relief Act seeking a declaration/cancellation of the sale deed dated 01.06.2004. The said suit was dismissed on the ground of limitation on 30.05.2016.
6. Appellant impugned the
The main legal point established is that the contents of a sale deed cannot be contradicted by oral evidence under Section 92 of the Indian Evidence Act, and the suit was barred by limitation under t....
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
Limitation is a mixed question of fact and law, requiring evidence for determination; a plaint cannot be dismissed at the outset if it presents a legitimate claim under the law.
The main legal point established in the judgment is that a suit challenging a sale deed must be filed within the limitation period prescribed by the Limitation Act, and suppression of material facts ....
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
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.
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