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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sobha Devi W/o Shri Srawan Kumar Gupta – Appellant
Versus
Santosh Poddar – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This Appeal has been filed against the Judgment dated 29.11.2016 (Decree signed on 13.12.2016) passed by learned Principal District Judge, Jamtara in Title Appeal No. 20 of 2015 whereby the learned Court has confirmed the Judgment dated 26.03.2015 (Decree dated 13.04.2015) passed by learned Civil Judge (Senior Division)-III, Jamtara in Title Suit No. 71 of 2002 and dismissed the appeal preferred by the appellant-principal defendant. The defendant no. 1, who has lost in both the courts is the appellant before this Court.
2. The original plaintiff (Anandi Devi) and the defendant no.1 (Shobha Devi), both claimed title over the suit property by virtue of registered sale deeds said to have been executed by the original defendant no.2 (Rajamoni Mondal). There is no dispute that the suit property belonged to the original defendant no.2. The suit was filed seeking, inter alia, a declaration that Sale Deed No. 1137 of 2001 is void and also for declaration that Sale Deed No.388 of 2001 is lawful.
3. This Second Appeal was Admitted for hearing on 04.12.2018, on the following substantial questions of law:
(i) Whether the learned trial court as well as learne
The court ruled that registered sale deeds carry a presumption of validity, and subsequent deeds executed on the same property are void unless specific contractual links exist.
A registered sale-deed has presumptive validity unless fraud is proven, placing the burden of proof on the party alleging fraud.
(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 burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
The registered document operates from the date of execution, and a party with unclean hands is not entitled to declaratory relief.
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