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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Krishna Devi – Appellant
Versus
Maha Singh – Respondent
JUDGMENT :
NIDHI GUPTA, J.
1. Present Second Appeal has been filed by the plaintiffs against the concurrent judgments and decrees of the learned Courts below; whereby suit filed by the appellants for declaration and permanent injunction, has been decreed in part by both the District Courts.
2. Brief facts of the case are that the plaintiffs had filed a Civil Suit seeking declaration and annulment of Sale Deed No. 66 dated 13.04.2011 executed by defendant No.1 in favour of defendant No.2 and further seeking injunction restraining defendant No.2 from making any interference in the possession of the plaintiffs over the suit land which was in the possession of the plaintiffs; and further for restraining defendant No.2 from getting the mutation sanctioned on the basis of illegal Sale Deed No. 66 dated 13.04.2011.
3. It was the pleaded case of the appellants in the plaint that defendant No.1 was owner in possession to the extent of 541/10365 share in total land measuring 69K 2M i.e. total land measuring 3K 12M. Defendant No.1 had sold land measuring 1K 10M to plaintiff No.1 by virtue of Sale Deed No. 115 dated 22.04.2010; and remaining land measuring 2K 5M was sold by defendant No.1 to plain
Registered documents are publicly known and a suit for declaration of fraud must be filed within the limitation period or it is barred; possession must be proven with cogent evidence.
Possession of property follows title, and a subsequent sale deed executed without authority is null and void.
The main legal point established in the judgment is the validation of agreements to sell, the principles of lis pendens, and the status of a bona fide purchaser.
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