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ANIL KUMAR CHOUDHARY
Most. Kalindri Devi, wife of late Ramu Singh – Appellant
Versus
Leela Devi, wife of Rambakas Singh – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.)
Heard the learned counsel for the appellant.
2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 26.08.2016 passed by the learned Additional Judicial Commissioner-VII, Ranchi in Title Appeal No.56 of 2010 whereby and where under, the learned first appellate court has confirmed the judgment and decree passed by the learned trial court being the Additional Munsif-I, Ranchi in Title Suit No. 67 of 1998 dated 07.04.2010 and dismissed the appeal.
3. The brief fact of the case is that the appellant-plaintiff filed Title Suit No. 67 of 1998 in the court of Munsif, Ranchi with the prayer for declaration that sale deed no. 6295 dated 24.06.1986 executed by plaintiff in favour of the defendant, is null and void. The plaintiff further sought declaration of her title over the suit land as also declaration of her possession. The plaintiff made an alternative prayer that if during the pendency of the suit the plaintiff is found to be not in possession then a decree for delivery of possession be also passed in favour of plaintiff. The plaintiff lastly prayed for cost of the s
Fraud in civil proceedings must be proven beyond reasonable doubt; failure to establish fraud led to dismissal of the suit as barred by limitation.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
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.
Allegations of fraud must be substantially proved, and in cases of instruments voidable on the ground of fraud, the time for limitation runs from the date when the plaintiff becomes aware of the frau....
The suit seeking a declaration that the sale deed was null and void was barred by limitation as the plaintiffs were aware of the sale deed way back in 1975, and the suit was filed in 2004. The burden....
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