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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MANEESH SHARMA
BABULAL S/O SH. RAMU JAT – Appellant
Versus
PANCHU RAM S/O SHRI LADU RAM – Respondent
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1944/2025 Babulal S/o Sh. Ramu Jat and Anr.
----Appellants Versus Panchu Ram S/o Shri Ladu Ram and Anr.
----Respondents For Appellant(s) : Mr. Ashutosh Bhatia For Respondent(s) : Mr. Anand Sharma Mr. Ayush Pathak HON'BLE MR. JUSTICE MANEESH SHARMA
Order
06/02/2026
1. While impugning the judgment and decree dated 04.11.2025 passed by the learned Additional District Judge, No.9, Jaipur Metropolitan-II in Original Civil Suit No.06/2025(631/2004)(CIS No.134/2025) titled 'Panchu Ram Vs. Babulal and Ors.', whereby the suit filed by the plaintiff-respondent for declaration of title and cancellation of sale deed dated 21.05.2004 has been decreed in favour of the plaintiff/respondent.
2. Learned counsel for the appellants submits that the impu
The central legal point established in the judgment is the importance of proving title and interest in property disputes, and the significance of challenging relevant documents in a timely manner.
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.
The court established that jurisdictional objections must be resolved after evidence is presented, not preemptively dismissed.
Agents may execute sale deeds within their authority; failure to set aside such deeds results in enforceability. Remedies against breaches of power are financial rather than reclaiming properties.
The burden of proof regarding undue influence lies with the defendant when the plaintiff is an illiterate villager, but the defendant successfully discharged this burden, validating the sale deed.
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