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RAJNISH KUMAR
Mahrani Deen – Appellant
Versus
Shiv Lal – Respondent
JUDGMENT
Rajnish Kumar, J.
Heard, Shri P.V.Chaudhary, learned counsel for the appellant and Shri Mohiuddin Khan, learned counsel for the respondents.
2. This Second Appeal under section 100 of the Civil Procedure Code 1908 has been filed with a prayer to decree the suit of the plaintiff/appellant (here-in-after referred as appellant) for cancellation of sale deed and for declaration with cost after setting aside the judgment and decree dated 24.08.1985 and 11.10.1988 passed by the 2nd Additional Munsif, Pratapgarh and the 2nd Additional District Judge, Pratapgarh respectively.
3. The following two substantial questions of law have been formulated in this Second Appeal:-
The courts upheld the validity of a sale deed executed by a relative, finding no proof of ownership or possession by the appellant, thus affirming the dismissal of the appeal.
The burden of proof lies on the party alleging ancestral or joint property, and without evidence to support the claim, the Courts may reject the suit.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The main legal point established is that in a dispute over a sale deed, the plaintiff must establish a clear and specific identity of the land to prove a better title than the defendant.
Sale - Validity - Defendants were not interested or they did not try to bring their case before court and lead evidence in support of their case to with respect to sale deed being sham, bogus or frau....
Proper identification of property ownership is essential in disputes, and prior deeds must reflect accurate details to establish rightful title.
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