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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Amarjit Kaur – Appellant
Versus
Uttar Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
INDEX
| Paragraph | ||
|---|---|---|
| 1. | Application for condonation of delay | |
| 2. | Application for restoration of appeal | |
| 3. | Challenge in the present appeal | 1 |
| 4. | Arguments on behalf of the appellants/LRs of the plaintiff | 2 & 3 |
| 5. | Arguments on behalf of the respondents/defendants | 4 & 5 |
| 6. | Analysis and Findings | 6 to 23 |
CM-13927-C-2025
Present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 425 days in filing the accompanying application for restoration.
For the reasons mentioned in the application, which is duly supported by an affidavit, present application is allowed and the delay of 425 days in filing the accompanying application for restoration is hereby condoned.
CM-13928-C-2025
This is an application under Order 41 Rule 19 CPC read with Section 151 CPC for restoration of the appeal which was dismissed for non-prosecution vide order dated 06.08.2024.
For the reasons stated in the application, which is supported by an affidavit, the application is allowed and the order dated 06.08.2024 is recalled and the main appeal is ordered to be restored to its original number.
RSA-2395-1990
CHALLENGE IN THE PRESENT APPEAL
1. The LRs of the plaintiff Gurdev Singh hav
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
(1) A registered document carries with it presumption of correctness unless proved otherwise.(2) Agreement to Sell – Doctrine of bona fide purchaser does not protect a subsequent purchaser if vendor ....
The Court upheld the validity of the earliest sale deed, ruling that subsequent transactions without proper authority and consent are void, while affirming jurisdiction based on registration location....
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
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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