Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Raj) 1531

IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
GOVIND MATHUR, VINIT KUMAR MATHUR, JJ.
State of Rajasthan Through the Director, Local Self Department, Secretariat, Jaipur – Appellant
Versus
Smt. Parvati Devi W/o Late Shri Ram Chandra - Respondents
D.B Spl. Appl. Writ No. 899 of 2017
Decided On : 01-11-2017

Advocates Appeared:
For the Appellant : Mr. SS Ladrecha, AAG assisted by Mr. Vikas Choudhary

A registered sale deed should only be set aside by way of a decree of a Civil Court and not in revisional jurisdiction.

Headnote:
Registered Sale Deed - Revisional Jurisdiction - The court held that a registered sale deed could not be set aside in revisional jurisdiction and should only be set aside by way of a decree of a Civil Court.
Fact of the Case:

The appeal questions the correctness of a judgment that set aside a sale deed executed by the Municipal Board in favor of the respondents. The Collector, Hanumangarh exercised revisional powers to do so.
Finding of the Court:

The court found that the sale deed could not be set aside in revisional jurisdiction and should have been done through a decree of a Civil Court.
Issues: The issue was whether the sale deed could be set aside in revisional jurisdiction.
Ratio Decidendi: The court held that a registered sale deed should only be set aside by way of a decree of a Civil Court and not otherwise.
Final Decision: The appeal was dismissed.

JUDGMENT :

1. This appeal is presented to question correctness of the judgment dated 15.03.2016 passed by a Single Bench of this Court in S.B Civil Writ Petition No. 5648/2004 (Ramchandra S/o Sh. Gulabchand Nai v. The District Collector, Hanumangarh). As per office, the appeal is not competent as no certified copy of the judgment impugned has been filed.

2. Learned Additional Advocate General submits that he will obtain and file certified copy at earliest. In view of the fact that a Photostat copy of the order impugned is already available on record, we have looked into merits of the case.

3. From perusal of the facts, it reveals that the Collector, Hanumangarh while exercising the revisional powers set aside a sale deed executed by the Municipal Board in favour of respondents. Learned Single Bench by relying upon a judgment of this Court in Municipal Council, Pali v. State of Rajasthan (S.B Civil Writ Petition No. 7572/2006) reported in (2013) 4 RLW 3341 (Raj.) held that a registered sale deed could have not been set aside in revisional jurisdiction. We do not find any wrong with the finding arrived by learned Single Bench. It is well settled that a registered sale deed should have been set aside only by way of a decree of a Civil Court and not otherwise. In view of whatever stated above, we are not inclined to grant further time to respondents to place certified copy of the order impugned on record.

4. The appeal is dismissed.

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2017 Supreme(Raj) 1531

IN THE HIGH COURT OF RAJASTHAN AT JODHPURGOVIND MATHUR, VINIT KUMAR MATHUR, JJ.State of Rajasthan Through the Director, Local Self Department, Secretariat, Jaipur – AppellantVersusSmt. Parvati Devi W/o Late Shri Ram Chandra - RespondentsD.B Spl. Appl. Writ No. 899 of 2017Decided On : 01-11-2017

A registered sale deed should only be set aside by way of a decree of a Civil Court and not in revisional jurisdiction.