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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Ajay Kumar – Appellant
Versus
Dhakia @ Kehar Singh – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of title and possession. (Para 1) |
| 2. defendants' opposition and counterclaims. (Para 2 , 3) |
| 3. trial court's findings on evidence. (Para 10 , 12 , 18) |
| 4. presumption of validity for registered documents. (Para 24 , 25 , 28 , 29) |
| 5. dismissal of appeals. (Para 32 , 33) |
JUDGMENT :
Rakesh Kainthla, J.
1. Plaintiff Sanjeev Guleria filed a civil suit for declaration that the sale deed executed by defendants No.1 to 3 (Dhakia @ Keher Singh, Siku @ Sanju and Vidya) in favour of defendants No.4-Ajay Kumar on 07.06.2013 and mutation No.2539 be declared null and void. A consequential relief of permanent prohibitory injunction for restraining defendant no. 4 from interfering with the possession of the plaintiff over the land comprised in Khewat No.524, Khatauni No.598, Khasra No.1175/1043 measuring 02-06-14 bighas situated in Mohal Garoru Tehsil Joginder Nagar, District Mandi, H.P. (hereinafter referred to as the suit land) was also sought. It was asserted that defendants No. 1 to 3 were the owners of the suit land to the extent of 1/5th Share. They sold the suit land to the plaintiff on 10.07.2008 vide registered Sale Deed. The defendants did not appear before t
The validity of a registered sale deed is presumed and the burden of proving its invalidity due to fraud lies on the challengers.
The burden of proof in a property dispute lies on the person claiming the title, and strict compliance with the provisions of the Registration Act is necessary for the validity of a sale deed and reg....
(1) A registered document carries with it presumption of correctness unless proved otherwise.(2) Agreement to Sell – Doctrine of bona fide purchaser does not protect a subsequent purchaser if vendor ....
The Court upheld the validity of the earliest sale deed, ruling that subsequent transactions without proper authority and consent are void, while affirming jurisdiction based on registration location....
The court affirmed that a sale deed executed with authority is valid unless fraud or coercion is proven, and claims must be filed within a statute of limitations.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
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