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SUNITA YADAV
Naresh Singh Tomar (Dead) through LRs. – Appellant
Versus
Dinesh Singh Tomar – Respondent
JUDGMENT
1. The present second appeal under section 100 of CPC has been preferred by the plaintiff/appellant against the judgment and decree dated 29.9.2009 passed by Additional District Judge, Gohad, District Bhind in Regular Civil Appeal No. 06/2009 confirming the Judgment and decree dated 19.12.2008 passed by Civil Judge, Class-II, Gohad in Civil Suit No. 44-A/2008.
2. The original plaintiff/appellant - Ramesh Singh Tomar (since dead and represented by LRs.) had filed this civil suit for permanent injunction, cancellation of sale deed dated 21.1.1987 and for declaration of judgment and decree dated 20.2.2003 passed in Civil Suit No. 91-A/95 in respect to the property admeasuring area 15x75=1125sqft situated at Gohad bearing Survey No.1144/2 (herein after referred as disputed property) as null and void.
3. For the sake of convenience Naresh (since dead and represented by Lrs) will be addressed as plaintiff, respondent no.-1 Dinesh will be addressed as defendant No.-1 hereinafter. As per the plaint pleadings the plaintiff is the owner of the said disputed property. The property was purchased after selling the ancestral property by the plaintiff as well as defendant No.1 on 26.4.1980
A sale deed is deemed null and void if the vendor lacks valid title to the property sold, as established by the auction process under the Financial Corporation Act.
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
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.
Possession of property follows title, and a subsequent sale deed executed without authority is null and void.
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