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NARENDRA SINGH DHADDHA
Kailash Chandra Goyal – Appellant
Versus
Ramesh Chandra Goyal – Respondent
ORDER
1. At the request of the learned counsel for the appellant/plaintiff (for short 'the plaintiff'), service of notice upon unserved respondents is dispensed with at the risk of the plaintiff.
2. With the consent of learned counsel for the parties, arguments have been heard and appeal is being decided finally at this stage.
3. The present civil first appeal has been filed against the order dated 29.11.2021 passed by the learned Additional District & Sessions Judge, Sawaimadhopur (for Short 'the trial Court') in Civil Suit No.366/2014 titled as 'Kailash Chandra Goyal Vs. Ramesh Chandra & Ors.', whereby the trial Court has allowed the application filed by the respondents-defendant Nos.1 to 4(for short 'the defendants) under Order 7 Rule 11 CPC and thereby dismissed the suit filed by the plaintiff.
4. Brief facts of the case are that the plaintiff has filed a suit against the defendants for cancellation of sale deeds dated 06.11.1971 and 06.01.1973, correction of the entries in the revenue record and permanent injunction. The plaintiff in his plaint clearly stated that the land mentioned in para No.1 of the plaint (in the revenue records) is in the name of Raghunath Goyal. Shri Narayan
The court established that jurisdictional objections must be resolved after evidence is presented, not preemptively dismissed.
Civil courts have jurisdiction to entertain suits for cancellation of sale deeds on grounds of fraud, and concurrent findings of fact by lower courts cannot be disturbed unless found to be perverse.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
A lawsuit for cancellation of a sale deed can be maintained in civil court when the plaintiff has prima facie title, despite the sale deed being based on fraud, as jurisdiction under the U.P. Zaminda....
Civil courts have exclusive jurisdiction for specific relief sought under S.31 of the Specific Relief Act, not revenue courts.
Civil Law - Validity of Sale deed - A voidable document is one which remains in force until set aside and such a document can be set aside only by a competent civil court. A suit for that purpose wou....
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