IN THE HIGH COURT OF ALLAHABAD
Jaspreet Singh
Shashank Srivastava – Appellant
Versus
Deputy Director Of Consolidation, Lko – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard learned counsel for the petitioners.
2. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of learned Chief Standing Counsel.
3. Shri R.S.Tewari, Advocate has put in appearance on behalf of respondent nos.3 and 4 on caveat.
4. Under challenge is the order dated 24.10.2024 passed by the D.D.C., Lucknow whereby the revision preferred by the private respondents, has been allowed and the order of remand passed by the S.O.C. has been set aside.
5. In order to put the controversy in a perspective, certain brief facts giving rise to the instant writ petition, are being noticed hereinafter.
a. The disputed property in question i.e. plot no.1238 belonged to one Shri Amar Pal.
b. Amar Pal had executed a sale deed dated 16.6.1999 through his Power of Attorney holder in favour of private respondent no.3. Subsequently, Amar Pal executed another sale deed in favour of the predecessor in interest of the present petitioner namely Kamal Kishore Srivastava on 23.7.1999.
(c). Apparently, this dispute was escalated once Kamal Kishore Srivastava who was claiming rights on the basis of the sale deed dated 23.7.1999 sought his mutation whereas the pri
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....
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.
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.
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.
Title disputes must adhere to procedural norms; failure to substantiate evidence can lead to dismissal of claims.
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.
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....
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