D.K.SETH
CHHANGA – Appellant
Versus
IST ADDITIONAL DISTRICT JUDGE, JAUNPUR – Respondent
( 1 ) OPPOSITE party No. 3 had filed a suit being O. S. No. 324 of 1987 in the Court of Addl. Munsif magistrate for cancellation of a sale deed dated 27. 1. 1987 with a prayer to inform the sub-Registrar and for cost or any other relief on the allegations that there was no necessity to execute the sale deed by the plaintiff In favour of the defendant and that the plaintiff had never intended to transfer nor had ever transferred the property to the defendant. She never went to the office of Registrar to execute the sale deed. She had never put her thumb impression on the alleged sale deed. The sale deed appears to have been signed by someone else and was wrongly registered The plaintiff had never received any consideration. The said fact would be apparent from the fact that the consideration in the sale deed was shown shockingly low and the transfer was inconsistent with the provisions of Section 168 of the U. P. Z. A. and L. R- Act. The sale deed was an outcome of old enmity between the parties and was never executed by the plaintiff and as such the same is not binding on her.
( 2 ) THE defendant petitioners had filed an objection as to the maintainability of the sai
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