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KSHITIJ SHAILENDRA
Rajvir Singh – Appellant
Versus
Randhir Singh – Respondent
JUDGMENT :
Kshitij Shailendra, J.
THE APPEAL
1. This is plaintiff’s second appeal assailing concurrent judgments, whereby his suit for cancellation of registered sale deed dated 24.03.2004 has been dismissed and civil appeal arising therefrom has also failed.
PLAINT CASE
2. The plaintiff and defendant, who are real brothers, were owners to the extent of 1/3rd share each in agricultural land covered by Gata No. 1231/1 measuring 0.6930 hectares situated at Village Sikandrabad Dehat, Pargana and Tehsil Sikandrabad, District Bulandshahr. Remaining 1/3rd share was that of third brother, namely, Jai Singh. When, on 01.08.2007, plaintiff felt need of Khatauni, on obtaining copy thereof, he came to know that his name was expunged from the records and in its place, the defendant’s name was recorded. Certified copy of the sale deed was applied for and obtained on 01.08.2007 itself, on perusal whereof the plaintiff came to know about execution of a sale deed dated 24.03.2004. As regards the date, it is stated that on 24.03.2004, the plaintiff, on account of some personal work, had gone to Sikandrabad where he met his elder brother (defendant) alongwith Jogendra Singh and Veeru. The defendant offer
The validity of a registered sale deed is presumed unless strong evidence of fraud or intoxication is presented, and claims of limitation must be substantiated.
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
Registered sale deed's validity prevails over subsequent will recitals absent fraud proof; oral evidence cannot contradict under Evidence Act Sections 91-92.
(1) A registered document carries with it presumption of correctness unless proved otherwise.(2) Agreement to Sell – Doctrine of bona fide purchaser does not protect a subsequent purchaser if vendor ....
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
A registered sale deed cannot be set aside on grounds of oral claims of fraud or coercion unless substantiated with clear evidence, and a non-payment of full consideration does not invalidate the dee....
A sale deed is void if no consideration was paid; registration does not validate it, and its improper registration does not confer title.
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