CR No.4915 of 2014

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR No.4915 of 2014

Date of decision:30.07.2014

Gurdial Singh

...Petitioner

Versus

Smt. Anguri Devi

...Respondent

CORAM:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. R.S.Budhwar, Advocate,

for the petitioner.

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RAKESH KUMAR JAIN, J. (Oral)

This revision petition is filed against the order dated

16.04.2014 by which application filed by the defendant Anguri Devi for

staying the suit has been allowed.

Counsel for the petitioner has submitted that Civil Suit

No.63/2013 titled as “Jasvinder Singh v. Anguri Devi and others” has been

filed to challenge the sale deed dated 24.12.2007 on the ground that the

property in dispute is ancestral and could not have been sold by Gurdial

Singh to Anguri Devi. Lateron the present suit has been filed on 24.11.2008

titled as “Gurdial Singh v. Anguri Devi” in respect of the same sale deed on

the ground that Anguri Devi has only made part payment of sale

consideration of the suit land and since she has not paid the remaining sale

vinod kumar

2014.07.31 12:11

I attest to the accuracy and

integrity of this document

Chandigarh

CR No.4915 of 2014

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consideration, therefore, the sale deed dated 24.12.2007 be declared as null

and void.

Although the learned Trial Court has given a different finding

observing that in both the suits the plaintiffs have challenged the sale deed

dated 24.12.2007 on the ground of fraud and misrepresentation, but even if

the facts narrated before me by the learned counsel for the petitioner are

accepted, even then the subsequent suit has to be stayed because if the first

suit in which appeal is pending is decreed, then the subsequent suit filed by

Gurdial Singh against Anguri Devi for declaring the sale deed dated

24.12.2007 as null and void on the ground that she has not paid the entire

sale consideration would itself become infructuous.

In view thereof, I do not find any error in the impugned order

passed by the learned Court below and hence, the present revision petition

is hereby dismissed.

July 30, 2014

(RAKESH KUMAR JAIN)

vinod*

JUDGE

vinod kumar

2014.07.31 12:11

I attest to the accuracy and

integrity of this document

Chandigarh