Raghuveer Singh vs Shiv Shankar Shukla
2016 Latest Caselaw 2814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 509 of 2016
 

 
Appellant :- Raghuveer Singh
 
Respondent :- Shiv Shankar Shukla
 
Counsel for Appellant :- Ashwani Kumar Sachan,Madan Lal Rai,Saurabh Sachan,Shashi Nandan
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the appellant.

Registered sale deed dated 7.9.2006 was challenged on the ground that plaintiff/appellant is co-owner of 1/4th share of the property subject matter of this sale deed but whole property, including property of plaintiff/appellant, was sold without any consideration to the appellant.

Original suit proceeded ex parte and trial court had decreed the suit partly for the relief of permanent injunction and declined the relief of cancellation of sale deed. Fist appeal against the  judgement of trial court was also dismissed.

This contention of learned counsel for the appellant may not be unacceptable at this stage, which requires consideration, that if sale deed has been found void then appellant should have been granted the relief of cancellation of said document also. This point also needs consideration that whether the appellant can get relief of  injunction against co-owner. Therefore, appeal is admitted.

Following substantial questions of law are framed.

"1. Whether the judgments of lower courts are erroneous when lower court had found the sale deed void for the share of plaintiff-appellant but relief of cancellation was not granted to him ? If so , its effect ?

2. Whether the appellant is entitled for relief of permanent injunction for whole of the disputed property in spite of being owner of only 1/4th share ? If so, its effect ?"

Summon the lower court records.

Issue notice to the respondents. Steps within 15 days by both ways.

List after service of notice.

Order Date :- 19.5.2016

Sanjeev