JASPREET SINGH
Ashok Kumar – Appellant
Versus
Deputy Director Of Consolidation, Sitapur – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel.
2. Under challenge is the order dated 02.08.2024 passed by the Deputy Director of Consolidation, Sitapur whereby the order passed by the Settlement Officer of Consolidation dated 23.02.2024 and 16.11.2022 passed by the Consolidation Officer has been affirmed.
3. Assailing the aforesaid three orders, the learned counsel for the petitioner has submitted that the three Consolidation Authorities have committed a patent illegality in ignoring the impact of the judgment passed in favour of the predecessor-in-interest of the present petitioner namely Ram Bharose and the reason given by the Consolidation Courts that there was a registered sale deed in favour of Sri Sazzad Hussain, the predecessors-in-interest of the private respondent no. 4 to 8 dated 24.01.1981 which could not be ignored and since as per the said sale deeds, the rights were with Sazzad Hussain (thereafter on his successors). The three Authorities have erred in relying upon the same whereas the said sale deed as per the petitioner had been d
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....
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....
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.
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.
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 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....
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.
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.
An undivided share in a joint family property cannot be sold off by one of the co-sharers without there being any partition by metes and bounds. Even if there is an assertion that an oral partition t....
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