ANIL KSHETARPAL
Sewa Singh – Appellant
Versus
Balwinder Kaur – Respondent
JUDGMENT
Anil Kshetarpal, J. - While assailing the concurrent findings of facts, arrived at by both the Courts below, the plaintiff has filed the present appeal.
2. The plaintiff filed a suit for grant of decree of declaration to the effect that he along with defendant No.2 and 3 are owners in possession of the land measuring 6 kanals and 18 marlas, in addition to other land recorded in their names out of the land comprised in khewat/khatauni No. 189/305-314, as per jamabandi for the year 2008-2009 along with the declaration that mutation No. 934 sanctioned on the basis of the registered sale deed dated 21.01.1980, in favour of the plaintiff and his father, is wrong, for declaring that the order passed by the Assistant Collector Ist Grade (Tehsildar) Bhulath, District Kapurthala and the Collector-cum-Sub Divisional Officer (Civil), Bholath, District Kapurthala on 08.11.2013 are illegal, null and void along with the consequential relief of permanent injunction restraining the defendants from alienating, transferring or creating any charge and from taking possession of the land described above.
3. After having heard the learned counsel representing the parties, at length, this Court i
Hansraji v. Yashodhanand AIR 1996 SC 761
Kultar Singh v. Jagtar Singh 2020 (2) RCR(Civ) 332
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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....
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
A registered sale deed is presumed genuine, and the burden of proof lies on the party denying its execution, as per the provisions of the Evidence Act and Transfer of Property Act.
The validity of a registered sale deed is presumed and the burden of proving its invalidity due to fraud lies on the challengers.
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.
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