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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Ram Baran – Appellant
Versus
Sheetla Prasad Yadav – Respondent
| Table of Content |
|---|
| 1. court hears arguments from both parties regarding the appeal. (Para 1 , 2) |
| 2. the appeal questions the jurisdiction of civil courts over sale deed cancellation. (Para 3 , 4) |
| 3. defendant contests the allegations and claims ownership based on sale deed. (Para 5 , 6 , 7) |
| 4. plaintiff asserts her legal heir status and challenges the sale deed's validity. (Para 8 , 18) |
| 5. cpc grants jurisdiction to civil courts for civil suits unless barred. (Para 9 , 10) |
| 6. supreme court precedents clarify jurisdiction for sale deed cancellation. (Para 11 , 12 , 13 , 14) |
| 7. court affirms civil court jurisdiction for cancellation of void documents. (Para 15 , 16) |
| 8. court finds evidence insufficient to support the defendant's claims. (Para 17 , 22) |
| 9. witness testimonies contradict defendant's claims regarding sale consideration. (Para 19 , 20 , 21) |
| 10. court emphasizes the binding nature of concurrent findings of fact. (Para 25 , 26 , 27) |
| 11. court dismisses the appeal, affirming the lower court's decision. (Para 28 , 29 , 30) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Mohammad Ehtesham Khan, learned counsel for the appellant alongwith Shri Shashi Kant Mishra, Sri Raghaw Ram Upadhyay, learned c
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 lawsuit for cancellation of a sale deed can be maintained in civil court when the plaintiff has prima facie title, despite the sale deed being based on fraud, as jurisdiction under the U.P. Zaminda....
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 main legal point established in the judgment is the interpretation of Section 331 of the U.P. Z.A. & L.R. Act and the jurisdiction of the civil court in cases where the plaintiff is not recorded ....
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
The court established that jurisdictional objections must be resolved after evidence is presented, not preemptively dismissed.
The civil court has jurisdiction to entertain a suit for cancellation of a Will, even if the plaintiff is not recorded in the revenue records, if the Will was executed under fraudulent circumstances.
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