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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Kshitij Shailendra,J.
Uma Shanker Sharma – Appellant
Versus
Mihilal Sharma – Respondent
| Table of Content |
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| 1. analysis of the trial court's findings and the appellate court's decisions. (Para 3) |
JUDGMENT :
1. Heard Shri Arpit Agarwal, learned counsel for the applicants in review and defendant-appellants in decided second appeal and Shri Bhanu Bhushan Jauhari, learned counsel for the opposite parties in review and plaintiff/ respondents decided second appeal.
THE JUDGMENT/ORDER UNDER REVIEW
2. The instant application has been filed by defendant-appellants under Order 47 Rule 1 read with Section 114 CPC seeking review of my final judgment and order dated 16.12.2024, whereby I had dismissed Second Appeal No. 2565 of 1984 (Premwati and others Vs. Mihilal Sharma and another) on merits.
SUBMISSIONS OF APPLICANTS IN REVIEW
3. Learned counsel for the applicants submits that there is an error apparent on the face of record inasmuch as this Court, in 6th paragraph of the judgment dated 16.12.2024, though referred 5 substantial questions of law contained in the admission order dated 19.10.1984, being question Nos. (a) to (e), while this Court answered questions No. (a), (b), (c) and (d), it omitted to answer question No. (e) which relates to possession aspect and, therefore, the judgment
The court clarified that a suit for cancellation of a sale deed does not necessitate a claim for possession, and cancellation nullifies any rights conferred under the deed.
The appellate court found that the trial court erred in cancelling the sale deed and agreement to sell, as the defendant proved ownership and possession, while the plaintiff's claim of adverse posses....
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
A plaintiff can seek cancellation of a deed affecting their property rights even if not a party to the deed, provided they demonstrate a valid cause of action.
(1) It is logically impossible for a person who is not a party to a document or to a decree to ask for its cancellation.(2) Filing a suit for cancellation of a sale deed and seeking a declaration tha....
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.
A sale deed executed with all essential requisites confers valid title, while unilateral cancellation without proving payment of consideration is invalid.
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