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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Md. Rebbani Alam – Appellant
Versus
Md. Nesar Ahmed, son of late Abdul Sattar – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard Mr. Rahul Kumar Gupta, the learned counsel appearing on behalf of the appellants.
2. This second appeal has been preferred against the judgment and decree dated 6.7.2024 passed by learned District Judge-III, Gumla, with regard to Civil Appeal No.22 of 2018 whereby the learned court has been pleased to dismiss the appeal and affirm the judgment and decree passed by learned Civil Judge, Senior Division-II, Gumla in Title Suit No.38 of 2009 by judgment dated 31.08.2018 and decree dated 4.9.2018.
3. The plaintiff-appellant has instituted the Title Suit No.38 of 2009 for declaration of right, title and possession over the suit land and declaration of sale deed No.2319 of 2006 dated 10.10.2006 instituted by the plaintiff in favour of the defendant be declared void ab initio and of no consequence as described in schedule of the plaint.
4. The case of the plaintiff, in short, is that the lands under Khata no. 183, plot no. 2382, Area 0.54 acres including some other lands of village and PS Sisai, District Gumla has been recorded in the R.S record of right in the names of Lakku Teli, Mali Teli and Gunga Teli sons of late Gansu Teli of the village and P.
A registered sale deed carries a presumption of validity; the burden of proof lies on the challenging party to demonstrate otherwise.
A sale deed is void if the stated consideration has not been paid, rendering it a nullity, regardless of recitals in the deed; no rights transfer without valid consideration.
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
The main legal point established in the judgment is that the nature of tenancy created by a sale deed and the right of survivorship cannot be examined as substantial questions of law in the absence o....
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
The presumption of correctness of entries in the record of rights under the Bihar Land Reforms Act is rebuttable, and mere possession does not confer title without proof of vendor's title.
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