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VIKAS BAHL
Nirmla Devi @ Nirmala – Appellant
Versus
Rajesh – Respondent
JUDGMENT :
Vikas Bahl, J.
This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 18.09.2024 (Annexure P-8) passed by the Additional District Judge, Jind, in Civil Misc. Appeal no.18 of 2024 instituted on 05.06.2024 vide which the appeal filed by respondent no.1-plaintiff against the order dated 31.05.2024 (Annexure P-7) passed by the Civil Judge (Jr.Div.), Safidon, under Order 39 Rules 1 and 2 read with Section 151 CPC in Civil Suit no.894 of 2018, has been accepted and the defendants have been restrained from alienating the suit land.
2. Learned counsel for the petitioners has submitted that in the present case, the petitioners are the daughters of Satnarain and a suit was filed by respondent no.1, who is the grand son of Satnarain, on 13.11.2018 for declaration to the effect that the said Rajesh and the proforma defendant- Ankit were the owners in possession of ½ share each in agriculture land total measuring 91 kanals 1 marla situated in revenue estate of Village Ratta Khera, Tehsil Safidon, District Jind. It is submitted that the said suit was filed on the basis of Will dated 20.07.2007, which has been stat
A registered cancellation deed of a Will, unchallenged, holds precedence in ownership claims, and a prima facie case is essential for injunctions under Order 39.
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
Civil Law - Validity of Sale deed - A voidable document is one which remains in force until set aside and such a document can be set aside only by a competent civil court. A suit for that purpose wou....
Registered sale deeds cannot be canceled based solely on claims of non-payment or fraud without substantial evidence, and suits filed beyond the limitation period are meritless.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
The court held that disputes over property ownership and cancellation of deeds should be resolved in civil court, not through writ petitions, especially when involving deceased parties and complex fa....
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
The court reaffirmed that clear recitals in a sale deed demonstrating vendor's receipt of consideration validate title transfer, regardless of the absence of endorsement by the registering authority.
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