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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rajnish Kumar
Surya Kumar Tripathi Deceased – Appellant
Versus
Ram Pal – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Madhav Chaturvedi, learned counsel for the appellants and Shri Ashok Shukla, learned counsel for the respondent.
2. This Second Appeal under Section 100 of the CIVIL PROCEDURE CODE 1908 has been filed with a prayer to call for the records and after its perusal, this instant second appeal may be allowed and further be pleased to set aside the judgment and decree dated 27.01.2016 passed in Regular Civil Appeal No.310 of 2003 by the Additional District Judge, Court No.17, Lucknow and the judgment and decree dated 12.11.2003 passed in Regular Suit No.156 of 1995 by the VIth Additional Civil Judge (Jr.Div.), Court No.38, Lucknow or pass any other suitable decree which this Hon’ble Court deems just and proper in the interest of justice.
3. Learned counsel for the defendants-appellants submitted that the suit filed by the plaintiff-respondent was barred by Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (here-in-after referred as Act of 1950) as the name of defendant-respondents was recorded in the revenue records, therefore, the suit could have been filed only before
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....
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.
The main legal point established is that the civil court has jurisdiction to grant the relief for declaring a sale deed null and void when the recorded owner's title is not under cloud.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
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 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.
The main legal point established in the judgment is that the Power of Attorney was executed as a security for a loan and the sale deed was executed without consideration, making it void.
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