Smt. Chaman Kaur And Another vs Sandeep
2021 Latest Caselaw 6587 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- SECOND APPEAL No. - 89 of 2021
 

 
Appellant :- Smt. Chaman Kaur And Another
 
Respondent :- Sandeep
 
Counsel for Appellant :- Rahul Mishra,Abhishek Mishra
 

 
Hon'ble Siddharth,J.

As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.

Heard learned counsel for the appellantsthrough video conferencing.

Issue notice to the respondent by original process as well as by R.P.A.D returable within four weeks.

Admit.

Call for lower court record.

The suit instituted by the plaintiff-respondent for cancellation of sale deed was dismissed by the trial Court but the first appellate court has decreed the same. The appellants have preferred the second appeal against thejudgment and decree of the First Appellate Court.

The appeal is admitted on the following substantial question of law which are as follows:-

A. Whether the lower appellate court was correct in declaring the sale deed dated 06.01.2004 in respect to area 0.220375 hectare which was registered in Book No. 1, Jild No. 3534, Page 301/322 at Serial No. 119 as null and void when the signature of sale deed as well as photographs over the sale deed is that of plaintiff and same was admitted by the plaintiff in his statement as well as cross examination?

B. Whether, in view of Section 101, 102 and 103 of Evidence Act, the burden of proof that sale deed has been executed fraudulently lies on plaintiff or defendant specially when sale deed is registered document and whose execution has been duly admitted by the plaintiff in his plaint and as well in cross examination?

C. Whether, a registered sale deed which has been registered in compliance to Section 34, 35 and 58 of Registration Act, 1908 before the Sub-Registrar after due enquiry can be cancelled merely on the oral statement of plaintiff that no sale consideration was paid to him by defendant/ appellant in lieu of execution of registered sale deed ?

Order on Stay Application

Until further order the effect and execution of the judgment and decree dated 15.12.2020 passed by Additional District Judge, Hapur in Civil Appeal No. 48 of 2018 shall remain stayed.The parties are also directed to maintain status quo with regard to nature, character and possession over the suit property.

Order Date :- 23.6.2021

Rohit