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RAKESH MOHAN PANDEY
Surendra Kumar Mehta – Appellant
Versus
Lakshan – Respondent
ORDER
The defendants have filed this second appeal, assailing the judgment and decree passed by the District Judge, Surguja (Ambikapur), in Civil Appeal No. 92A of 1999 dated 20.3.2001, whereby the appeal was dismissed.
This appeal was admitted for hearing on the following substantial question of law, vide order dated 21.1.2016:—
“(i) Whether the learned lower Appellate Court was justified in law in holding that the property in dispute being joint property of Sampat Barga and Gathiya Barga, the sale deed executed in the year 1942 did not pass any title in favour of Dashrathlal Mehta?
(ii) Whether defendant Surendra Kumar Mehta son of Dashrathlal Mehta was entitled to half of the share in the joint property of Sampat Barga and Gathiya Barga by virtue of sale deed executed in the year 1942?”
3. The facts of the present case are that Civil Suit No. 156A of 1990 was filed by the plaintiffs for declaration of title and permanent injunction in respect of the agricultural land described in Schedules A and B. Schedule B forms part and parcel of Schedule A. The plaintiffs pleaded that the suit property was the self-acquired property of Sampat Bargah and Gathiya Bargah, as a joint lease
(1) Secondary evidence – A notarized true copy is generally not admissible as primary evidence in Courts – It may, however, be admitted as secondary evidence.(2) Partition – Undivided share of a copa....
The court annulled a sale deed executed under fraudulent circumstances, affirming that a seller lacking exclusive rights cannot validly transfer property.
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
The main legal point established in the judgment is that unregistered documents such as General Power of Attorney, Agreement to Sell, and Will cannot confer ownership or title to immovable property, ....
The execution and validity of a Will require strict adherence to statutory provisions, including proper attestation, which was not proven in this case, rendering the claimed interests void.
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
Unregistered documents cannot transfer ownership of immovable property; title is only conferred by registered deeds as per Transfer of Property Act.
The legal point established is the validity of the sale deed and the rights of legal heirs under Mohammedan Law.
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