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JASPREET SINGH
Ram Nayan – Appellant
Versus
Deputy Director Of Consolidation Distt. Sultanpur – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Ms. Sonal Pandey learned counsel has filed vakalatnama on behalf of respondent no.5 and the same is taken on record.
2. Heard Sri Ravindra Pandey learned counsel for the petitioners. Notice on behalf of respondent nos.1, 2 and 3 has been accepted by the office of learned Chief Standing counsel. Sri J.P. Shukla learned counsel has put in appearance on behalf of caveator-respondent no.4. Sri Mohan Singh learned counsel has accepted notice on behalf of respondent no.9.
3. Under challenge is the order passed by the Deputy Director of Consolidation, (hereinafter referred to as D.D.C) dated 12.04.2024 whereby two revisions which were connected have been decided by the said common order and the revisions have been allowed setting aside the order dated 16.06.2009 passed by the Settlement Officer of Consolidation (hereinafter referred to as S.O.C.) and order dated 22.11.2018 passed by the Consolidation Officer in proceedings under Rule 109A of the Consolidation of Holding Rules 1954 (hereinafter referred to as the 'Rules).
4. In order to appreciate the controversy involved in the instant petition, certain facts are being noticed first.
5. The case of the petitione
A sale deed executed by a guardian during a ward's minority is voidable, and failure to challenge it within the limitation period bars any claims against it.
The validity of a sale deed prevails when it is not challenged by the original owner, highlighting the consolidation authority's limitations in cancelling instruments and prioritizing ongoing civil l....
Consolidation authorities cannot abate proceedings based on pending civil litigation and must consider the validity of conflicting documents, giving effect to voidable documents until a competent cou....
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
The court ruled that a sale deed remains valid despite a prior judgment declaring it void, as subsequent appellate orders implicitly set aside that judgment, affirming the authority of the Consolidat....
The Deputy Director of Consolidation exceeded jurisdiction by not considering the limitation and locus standi of the respondents in appeals under the U.P. Consolidation of Holdings Act.
Sale Deed – Execution of - Consolidation Officer had accepted that petitioner was major at time of execution of sale deed but rejected application merely on ground that total sale consideration has n....
A registered sale deed's validity is contingent on its proper registration; prior executed deeds are void if subsequent registered deeds exist for the same property.
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
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