Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Teekam (Since Deceased) Through His Lrs – Appellant
Versus
Mehar Chand Saini – Respondent
JUDGMENT :
Nidhi Gupta, J.
The defendants No. 1 and 3 are in Second Appeal against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the plaintiffs/respondents No. 1 and 2 herein, for declaration with consequential relief of permanent injunction, has been decreed by both the Courts below.
2. At the very outset, it is pointed out that the present appeal is of the year 2019. However, notice has not yet been issued in the same, as the matter has been adjourned since 2020 either at the repeated requests, or due to non-appearance of learned counsel for the appellants.
3. The brief facts are that the plaintiff had filed the present suit seeking a decree of declaration that the sale deed no.6504 dated 27.8.2008 executed by defendant no.1 in favour of the defendant no.2 registered in office of the sub registrar Ballabgarh, null and void and further declare all the entries in the revenue record on the basis of said deed including mutation no.12872 dated 25.3.2010 null and void. Further to declare the sale deed no.5922 dated 13.8.2008 registered in the office of Sub Registrar Ballabgarh null and void and declare all the entries in the revenue record on t
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
A sale of immovable property is incomplete without registration, making an unregistered sale deed invalid, particularly when a power of attorney is cancelled.
A co-owner can validly alienate their undivided share in joint property, and unilateral cancellation of a sale deed is legally ineffective unless supported by substantial evidence.
The courts upheld the validity of a sale deed executed by a relative, finding no proof of ownership or possession by the appellant, thus affirming the dismissal of the appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
