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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Mohd. Zahoor – Appellant
Versus
Ram Sajeevan – Respondent
JUDGMENT :
Vivek Jain, J.
This appeal has been admitted on the following substantial questions of law on 11.09.1998 :-
(ii) Whether the lower appellate Court is right in holding that the suit is barred by limitation?
2. This appeal under Section 100 C.P.C. has been filed by the plaintiffs challenging the judgment passed by appellate Court dated 27.01.1998 whereby judgment and decree passed by the Civil Court dated 15.03.1991 was reversed and suit has been dismissed by the appellate Court. Initially the suit has been decreed by the trial Court.
3. The facts in brief of the case are that a suit was filed by the present appellant before the trial Court in the year 1973. The suit was for cancellation of sale deed dated 27.11.1967 and for recovery of possession in the suit land. The suit was filed by the present appellants on the assertions that the appellant / plaintiff No.2 was the owner of the suit land situated in survey No. 661, 662 and 663. The said plaintiff No.2 was a beggar and he put the defendant No.2 in possession of the said land who was the nephew
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
The burden of proof in a property dispute lies on the person claiming the title, and strict compliance with the provisions of the Registration Act is necessary for the validity of a sale deed and reg....
The court dismissed the appeals on the ground that the suits were barred by the law of limitation under Article 59 of the Limitation Act, as the plaintiffs failed to file the suits within the prescri....
The application of Section 17 of the Limitation Act to protect the rights of a party defrauded from lapse of time until they remain in ignorance of the fraud, and the presumption of validity of a reg....
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
Non-payment of part of sale consideration does not invalidate a registered sale deed; title passes at execution regardless of payment status.
Registered sale deeds cannot be canceled based solely on claims of non-payment or fraud without substantial evidence, and suits filed beyond the limitation period are meritless.
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