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KSHITIJ SHAILENDRA
Mangoo Singh – Appellant
Versus
Ram Autar – Respondent
JUDGMENT :
Kshitij Shailendra, J.
THE APPEAL
1. The instant second appeal at the instance of defendants of Original Suit No.523 of 1989 (Ram Autar Vs. Siyawati and others) has been filed challenging the concurrent judgments and decrees drawn by the trial court and the first appellate court whereby, respectively, suit for cancellation of a registered Will dated 20.03.1985 has been decreed and civil appeal arising out of the decree has been dismissed.
PLAINT CASE
2. As per the plaint case, one Harswaroop had two sons, namely, Ram Autar (plaintiff) and Mangoo (defendant no.2). One Siyawati wife of defendant no.2, was arrayed as defendant no.1. Harswaroop, aged 90 years, used to remain sick in his last days of life. His wife had already died and the plaintiff and defendant no.2 used to take care of their father. When Harswaroop fell seriously ill in March, 1985, the plaintiff and defendant no.2 took him to Modinagar and Meerut for treatment. Initially, Harswaroop got some relief but he again fell ill and, on 20.03.1985, defendant no.2 along with his brother-in-law Nand Kishore took Harswaroop for examination by a doctor at Modinagar. At that time, since the wife of plaintiff was ill, he cou
The civil court has jurisdiction to entertain a suit for cancellation of a Will, even if the plaintiff is not recorded in the revenue records, if the Will was executed under fraudulent circumstances.
A lawsuit for cancellation of a sale deed can be maintained in civil court when the plaintiff has prima facie title, despite the sale deed being based on fraud, as jurisdiction under the U.P. Zaminda....
The main legal point established is that the civil court has jurisdiction to grant the relief for declaring a sale deed null and void when the recorded owner's title is not under cloud.
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....
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Civil courts have jurisdiction to entertain suits for cancellation of sale deeds on grounds of fraud, and concurrent findings of fact by lower courts cannot be disturbed unless found to be perverse.
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
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