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JASPREET SINGH
Rajeev – Appellant
Versus
Majeed – Respondent
| Table of Content |
|---|
| 1. defendant's second appeal and substantial question of law. (Para 1 , 2) |
| 2. court emphasizes examination of evidence and certified documents. (Para 3 , 26 , 35) |
| 3. factual background regarding sale deed cancellation. (Para 4 , 5 , 6 , 7 , 8) |
| 4. trial court's findings on rights and share. (Para 10 , 11 , 12 , 13) |
| 5. court's agreement with trial and lower appellate findings. (Para 14 , 15 , 24 , 25 , 44 , 46) |
| 6. defendant-appellant's arguments against the findings. (Para 16 , 17 , 18 , 20 , 22 , 23) |
| 7. inferences drawn on the sale consideration. (Para 38 , 40) |
| 8. discussion on section 49 of the u.p.c.h. act. (Para 41 , 45) |
| 9. findings on the non-bar of section 49 and cancellation of the sale. (Para 42) |
| 10. final decision of the court affirming lower judgments. (Para 47 , 48) |
JUDGMENT
Jaspreet Singh, J.
This is the defendant's second appeal assailing the judgment and decree dated 29.01.1981 passed by the 3rd Additional District Judge, Kheri dismissing the defendant's first appeal and affirming the judgment and decree dated 20.01.1979 passed in Civil Suit No. 320 of 1977 cancelling the sale deed dated 28th June, 1977.
2. The instant second appeal was admitted by this Court by mea
The court affirmed that previously established compromises governed property rights, and the misrepresentation of record by defendants did not substantiate their claims to a larger share than legally....
The court affirmed that the rights of co-tenants may be limited by previous compromises, reinforcing the principle that parties must substantiate claims against duly recorded documents.
The suit for cancellation of a sale-deed was barred under Section 49 of the U.P. Consolidation of Holdings Act, as plaintiffs failed to prove the existence of a Joint Hindu Family or that the propert....
A judgment obtained by fraud or collusion does not operate as res judicata and is not binding on the parties to the proceedings. Such a judgment can be avoided in subsequent proceedings by a party ab....
A compromise regarding property transfer is invalid if procured through fraud and lacks necessary documentation and registration.
The court ruled that claims of joint ownership must be substantiated with evidence, and the applicability of Section 49 of the U.P. Consolidation of Holdings Act bars civil court jurisdiction in cons....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
Failure to challenge abatement order and lack of disclosure of right or title over the land in dispute led to the dismissal of the petition.
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