Harkesh Singh vs Natthi Singh (Since Deceased) And ...
2016 Latest Caselaw 3264 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 525 of 2016
 

 
Appellant :- Harkesh Singh
 
Respondent :- Natthi Singh (Since Deceased) And 10 Ors.
 
Counsel for Appellant :- Prashant Kumar Tripathi,Rajeev Misra
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the appellant on the point of admission of second appeal and perused the records.

The relief sought in original suit was regarding declaration that sale deed dated 9.9.2003 executed by defendant no. 1 in favour of defendant no. 2 is void and ineffective because plaintiffs are owner of this property and defendant no. 1 had no right to execute its sale deed as owner.

Original suit was dismissed, but this appeal was allowed for the relief claimed in original suit, then present second appeal has been preferred by the defendant of the original suit.

Learned counsel for the appellant/defendant no. 2 of the original suit has contended that in this matter real question of dispute was declaration of ownership of disputed property and without such declaration relief sought in original suit cannot be granted. This points needs consideration. Therefore, appeal is admitted.

Following substantial question of law is framed:

" 1. Whether the original suit was barred under Section 34 of Specific Relief Act ? 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.

Till further orders, the parties shall maintain status quo.

Order Date :- 31.5.2016

Sanjeev