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MAHENDAR KUMAR GOYAL
Durgesh Kanwar – Appellant
Versus
Udai Singh – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of fraudulent deed execution. (Para 1 , 2) |
| 2. trial court's assessment of evidence. (Para 4 , 8) |
| 3. arguments regarding validity of deed and legal standards. (Para 5 , 6) |
| 4. dismissal for lack of substantial questions. (Para 7 , 9) |
JUDGMENT :
Mahendar Kumar Goyal, J. - This civil second appeal is preferred against the judgment and decree dated 06.01.2018 passed by the learned Additional District Judge No.20, Jaipur Metropolitan, Heaquarter Chomu (for brevity, "the learned Appellate Court") in Civil Regular Appeal No.2/2017 whereby, while dismissing the appeal preferred by the appellant-plaintiff (for brevity, "the plaintiff"), the judgment and decree dated 17.03.2017 passed by the learned Additional Civil Judge No.25, Chomu, Jaipur Metropolitan, Jaipur (for brevity, "the learned trial Court") dismissing the Civil Suit No.198/2008 for declaration and permanent injunction, have been upheld.
2. The relevant facts in brief are that the plaintiff filed a suit for declaration and permanent injunction against the respondents/defendants (for brevity, "the defendant") stating therein that she and the defendants no.1, 2, 5 to 12 are family members. It was averr
The main legal point established in the judgment is the requirement to prove the valid execution of a relinquishment deed and the application of the bar of estoppel under Order 2 Rule 2 CPC.
The maintainability of a suit seeking to declare a relinquishment deed as null and void depends on the establishment of title and possession, irrespective of challenges to the plaintiff's standing.
Courts cannot entertain claims of adverse possession when ownership is established by a valid title deed, and any agreements contradicting that ownership must be substantiated legally.
Legal heirs maintain ownership rights against claims of adverse possession if defendants' assertions conflict with prior admissions regarding property title.
A second appeal under Section 100 of the CPC can only be admitted if substantial questions of law arise; in this case, no such questions were found.
The relinquishment deed is valid as execution was voluntary, negating claims of misrepresentation.
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